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(b) The term "'Taxes" as used herein means all taxes and fees levied upon and/or paid by TX'UGD [other than ad
<br />valorem, capital stock, income ut excess profit taxes (except as provided herein), general franchise t~xes imposed on
<br />corporations on account of thcLr corporate existence or on ~ r right to do business within the state as a foreign
<br />corporation and similar taxes], including, but not limited to, gas utility tax, s~'eet and alley tents] fees set out ~n
<br />franchise ordinances, licenses, fees and other charges levied, assessed or made by any governmental authority Qn the
<br />act, right Or privilege of selling, U'ansporfing. handling ut delivering gas, which taxes or fees am based upon the
<br />volume, heat content, value or saies/putchuse price of the gas, or transportation fee payable hereunder, any other fee,
<br />charge or payment bereundet and applicable federal income tax imposed as a result of installation of equipment al
<br />the Delivery Point or Receipt Point(s) under the terms of this Contract. Any income tax costs of TXUGD that have
<br />been reimbursed to TXUGD by Customer under paragraphs 9(d) and 9(f) will not be reimbursed to TXUGD by
<br />Customer under this paragraph 11.
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<br />12. Bill[ne. Accountiniand Re°oru
<br />(a) On approximately the fifteenth (15th) day of each month, TXUGD will render to Customer a statement for
<br />compensation for all fees, charges, costs, tax reimbm~ement and services payable under this Contract for the
<br />preceding month, showing either the number of Btu or the number of decatherms daiivernd at the Receipt Point(s}
<br />and Delivery Point, the amount of compensation due to TXUGD under this Contract, including tax reimbursement.
<br />other reasonable and peninem information that is necessary to explain and support the same and any adjustments
<br />made by TXUGD in determining the amount billed. TXUGD may deliver to Customer such statements of amounts
<br />owed to TXUGD by United States mail (first class, registered or certified), postage prepaid, fax, electronic medium,
<br />email or delivery service at the mailing address or electroaic medium address provided on the signature page of this
<br />Contract. The fax, email, mailing address and electronic medium address provided on the signet .ul'e page of this
<br />Contract may be changed at any time by either party upon thirty (30) days prior written notice to the other party.
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<br />(b) Customer will pay TXUGD withina period of ten (10) days from the date TXUGD's statament setting out the
<br />compensation due under this Contract for ail fees, charges, costs is deposited prepaid in the United States mail, or us
<br />to payment which is otherwise due, according to the measurements, computations and rates herein provided,
<br />TXUGD hereby agrees, however, that Customer may pay any such statement by bank wire Iransfcr by directing the
<br />bank wire transfer to TXUGD at Chase Texas Bank, Dallas, Texas, ABA No. 113000609. for deposit to TXLTGD
<br />Account No. 08805016795. To assure proper credit. Customer should designate the company name, invoice number
<br />and amount being paid in the Fedwire Text Section. If the invoiced amount of any payment due is not paid when
<br />due, interest on ail unpaid amounts will accrue at the rate of one and one half percent ( 1 - iE2%) per month, or the
<br />highest rate allowed by law, whichever is less, from the data such amount is due TXUGD; provided, however no
<br />interest wil! accrue on unpaid amounts when failure to make payment is the result of a bona fide dispute between the
<br />parties hereto regarding such amounts (and Customer timely pays all amounts not in dispute), unless and until it is
<br />ultimately determined that Customer owes such disputed amount, whereupon Customer will pay TXUGD that
<br />amount, plus interest computecl back to the original payment due date, immediately upon such determination, The
<br />designated banks, addresses and accounts for wire transfer may be changed at any time by TXUGD upon thLrty (30)
<br />days prior written notice to Customer.
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<br />(c) Notwithstanding any other provision of this Contract, Customer will make payments for ail gus service under
<br />this Contract beginning with initial deliveries.
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<br />(d) If Customer fails to pay bills for service within twenty (20) days from the date they ate rendered hereunder or
<br />otherwise defaults under this Contract, Company may suspend service and deliveries of gas and such suspension
<br />will not prevent enforcement by Company of any of its legal rights. Waiver by Company of a particular default
<br />hereunder will not be deemed a waiver of subsequent defaults whether similar or dissimilar.
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<br />(e) Each party hereto will have the right at ail reasonable times to examine the measurement records and charts of
<br />the other par~y, or its agenu'dasignee if any, to the extent necessary to verify the accuracy of any statement, charge,
<br />computation or demand made under or pursuant to any of the provisions in this Contract. If any such examination
<br />reveals any inaccuracy in such previous billing, the necessary adjustments in such billing and payment will be made;
<br />provided, that no adjustments for any billing or payment will be made for any inaccuracy claimed after the lapse of
<br />twenty five (25) months from the rendition of the invoice relating thereto.
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<br />(0 If the credit worthiuess or financial respousibifity of Customer should, in the sole opinion of TXUGD. ever
<br />become unsatisfactory, then upon request by TXUGD at any time and from time m time during the term of this
<br />Conlract, Customer will deposit with 'FXUGD (i) such amount of money requested by TXUGD, or (ii) a let*et of
<br />credit in a form acceptable to TXUGD from a financial institution acceptable to TXUGD in an amount requested by
<br />TXUGD, to guaxantee the payment of statements and invoices hereunder, as well as any possible imbalances
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<br />Rev 05/25/01 Attach. to Rate Sch. 4221 11
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