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in accordance with its Commercial Arbitration Rules. Demancl for arbitration may be made no later <br />than the time that such acti~n w~u~d be permitted under the applicable Texas statute ~f limitati~n. Any <br />disputes regarding the timeliness of the demand for arbitration shall be decided by the arbitrator(s). <br />Judgment upon the award rendered by the arbitratorfs) may be entered in any Court having <br />jurisdiction thereof in order to obtain compliance therewith, Any case in which any claim, or <br />combination of clab~. , exceeds $500,000 will be subject to the AAA's Large, Complex Ca~e Procedures <br />and decided by the majority of a panel of three (3) neutral arbitrators. In rendering the award, the <br />arbitrator(s) will determine the rights and obligations of the parties according to the laws of the State <br />of Texas (excluding any conflict of law principles), but punitive and ezemplary damages may not be <br />awarded. The arbitration proceedings and hearings will be conducted at the Dallas Regional Office of <br /> the AAA or at such other place as may be selected by mutual agreement. No party nor the arbitrator(s) <br /> may disclose the existence, content or result~ of any arb[tratlon hereunder without the prior writlen <br /> consent of all parties. <br /> <br />17. ~Pipeline and Facility Safety <br />Customer's piping and facilities downstream from or connected to the Delivery Point may be subject to potential <br />hazards such as corrosion and leakage. Consequently. such piping and facilities should be inspected periodically for <br />leaks and damage. If metallic materials are used. they should be regularly inspected for corrosion damage. If any <br />deterioration or unsafe conditions arc discovered, they should be repaired or the affected facility replaced. <br />Additionally, when any excavation work is planned, all buried facilities and piping in the axes shou. ld be located <br />before beginning such work. Operators of underground facilities and piping on Customer's proper~y, including <br />TXUGD, should be notified of the p armed excavanon acttvlties by contacting the Texas One Call service at (8 ) <br />344-8377. If the excavation is in the vicinity of any gas piping or facilities, they should be localed prior to beginning <br />work and excavation near the piping or facilities should be accomplished by hand digging. Plumbers and heating <br />contractors can assist in locating, inspecting and repairing Customer's buried piping and facilities. <br /> <br />18. Confidentiality <br /> <br />TXUGD and Customer agree to keep the t~nns and provisions of this Conu'act confidential and to not disclose the <br />terms of this Contract to any third panias. If disclosure is sought through process of a court, a government or a city, <br />state or fedural regniatory agency, ti~ party from whom disclosure is sought will resist disclosure through all <br />reasonable means and will immediately notify the other party to allow it rise opportunity to participate in such <br />proceedings. However. each party will have the right to make such disclosuras, if any, to governmental agencies <br />and to its own attorneys, auditors, accountants and shareholders that will in turn maintain in; confidentiality. <br />TXUGD s. nd Customer agree to cooperate m maintain confidentiality of this Contract and to obtain a reasonable <br />protective order or agreement to maintain that confidentiality under circumstances in which disclosure becomes <br />necassar~. <br /> <br />19. Miscellaneous <br /> <br />(a) All notices, requests, demands and sm,,'ments provided for in this Contract must be given in writing, direcled to <br />the pazly to whom given, and mailed to. or delivered at. such party's address as specified on the signature page of <br />this Contract or at such address as each patty may by like notice later give to the other. Such mailed notices will be <br />dccmod to have been given when deposited in the United States mail (first class, registered or certified), postage <br />prepaid, or sent by fax. electronic medium, email or independent delivery service at the mailing address provided <br />herein. In thc case of hand delivery, notices will be deemed to have been given when delivered to a representative <br />of ¢ithcr party by a representative of thc other pa,-ty. <br /> <br />(b) This Conu-act constitutes the entlxe agreement between thc parties covering the subject matter hcreof, aod thcrc <br />arc no ag~eemenU, modifications, conditions or understandings, written or oral. express or implied, pertaining to the <br />subject matter hcroof that are not contained herein. No representation or statement of any representative of TXUGD <br />will be a part of this Contract nor an inducement to the execution hereof unless incorporated fully herein and this <br />Contract may not be amendcd except in writing duly executed by the parties. <br /> <br />(c) Modifications of this Contract will be or become effectlve only upon the mutual execution of appropriate <br />supplcmental agreements or amendments hereto in writing by duly authorized representatives of the respective <br />parties. <br /> <br />10 <br /> <br />Rev 05/25/01 Attach. to Rate Sch. 4221 13 <br /> <br /> <br />