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(k) TXUGDwill, atCustomer,swritrenrequcst, give to Custoracr noticeofthetime°falltes~s°fthe Receipt Point
<br />or Delivery Point electronic gas measurin8 facilities, as may be applicable, sufficiently in adva~ce ef such tests so
<br />that Customer may conveniently have its representatives, present:, provided, however, that if'rXUGD, has given such
<br />notice to Customer and Customer is not present at the nme specified, then TXUGD may proCec:l vath the tests as
<br /> · . . · ' ' Point Designee
<br />though Customer were presenL TXUGD well ~.ve nonce to Customer's P, ecetpt Pome or Dchvery
<br />(who is responsible for the physical receipt or delivery of gas at the point), as may be apphoab,e, of the ume of all
<br />tests of such electronic'gas measuring facilities sufficiently in advance of such tests so that Customer's designee may
<br /> notice to Customer's designee and
<br />conveniently be presem; provided, however, that if TXUGD has given such test us though
<br />Customer's designee is not preSent at the time specified, then TXUGD may proceed with the
<br />Customer's designee wern presenL
<br />(1) Gas meesurements computed by TXUGD (°t its desigeee) will be deemnd to be c°rrect except where the gas
<br />measurement facilities are found to be inaccurate by mor~ ~ one percent (1%), fast ct slow. or to have failed to
<br />register, in either of which cases TXUGD will repair or replace the measurement facilities. Th~ quantity of gas
<br />delivered while the measurement facilities were inaccurate ct failed to register will. at TXUGD's di~retion be
<br />determined by: (i) the readings of Customer's check meter,, if installed, and. in good operating, condition:. .(ii) by...
<br />correcting the error if the percentage of ecror is ascenmnable by cahbrauon or mathematical calculation, or (m) by
<br />estimating the quantity on a basis of deliveries under similar conditions when the measurement facilities were
<br />registering accurately.
<br /> (m) It is understood ~nd agreed that Customer's n~ansportation gas will be part of and will be measuled as a pail of
<br /> a commingled stream of gas by the measuring purty at the Receipt Point(s) such that the quantity of gas delivered by
<br /> Customer to TXU(3D (or its designee) at the Receipt Point(s) for transportation under this Contra.~ may be
<br /> determined by an allocadon methodology provided for in balancing provisions in this Contract or in another
<br /> asroement between:
<br />
<br /> (A) Customer and Customer's transporter that delivers such gas to the Receipt Point(s);
<br /> (B) TXUGD and Customer's wansporter that delivers such gas m the Receipt Point(s); or
<br />
<br />(C) TXUGD and Customer.
<br />
<br />10. Easement. Access. Removal
<br />
<br />Customer will provide, in accordance with TX'UGD's specifications, thc necessary service lines on Customer's
<br />premises m connect with TXUGD's lines and suitable space and an easement for TXUC3D's lines and other equip-
<br />merit, including, but not limited to, a telephone llne and associated equipment rc[atnd to electronic gas measurement
<br />facilities and teleme~y equipmenL Customer will use due care to protect TXUGD's propet~y that i~ located on
<br />Customer's premises from damage and will permit no person other than an agem of TXUGD, or a person otherwise
<br />lawfully authorized, to tamper with, inspect or remove same, All propet~y belonging to 2"XUGD and located on
<br />Customer's premises will be removable by 2'XUGD at any time during the term of this Contract and within a
<br />reasonable time after its termination or after reasonable nodce of Customer's desire to have such property removed,
<br />title thereto remaining in TXUGD a~ all 6mes. TXUGD will have full and free ingress to and egress from
<br />Customer's premises for the construction, inspection, maintenance, repair and removal of TXUGD's property
<br />thereon or for any purpose conee~ted with the service provided under this Con,'act.
<br />
<br />11. Taxes
<br />
<br />(a) Customer agrees to pay TXUGD. by way of reimbursement, ail Taxes paid by TXUGD with respect to the sales
<br />service, the transportation service, the plant protection supply service and any other commodity or service provided
<br />hereunder, and that may be related to any associated facilities involved in the performance of this Contract If any
<br />such Taxes paid by TXUGD to any goveramenl~l author/ty are calculated based upon the value of or price paid for
<br />thc gas w, msported hereunder, Customer will disclose m TXUOD the purchase price of such gas to enable TXUGD
<br />to calculate and pay all such fees and taxes to appropriate goveramen~l anthodties in a timely manner. If Customer
<br />fails or refuses to disclose thc purchase price of such gas within sixty (60) days from the date thc related
<br />wanspotmtion service is provided, TXUGD will have thc right to pay such fees and taxes based upon the hishest
<br />prices reported for thc per/od in Gas Daily for gas purchased or gas sold in the State of Taxas and to be reimbursed
<br />by customer, In any event. Customat agrees to indemnify TXUGD for. and hold TXUGD harndess from, any and
<br />ali claims, demands, losses or expenses, including auorneys' fees. which TXUGD may incur as a result of
<br />Customar's faihirc or refusal to disclose the purchase price of gas mmspormi hereunder.
<br />
<br />Rev 05/25/01 Attach. to P,ate Sch. 4221 10
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