06-A TXU Gas Rate - Laserfiche WebLink

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all persons to or against said gas. Fur~cr, neither TX'UGD nor Customer will lake any action that changes or jeopardizes Customer's title to the gas transported hereunder. 5. Quality (a) The natural gas delivered by Custotoer to TXUGD for transportation under this Contract will be of merchantable qualii3' and commercially-free from water, hazardous substances, hydrocarbon liquids, bacteria and other objectionable liquids, solids orgas components. In addition, any such gas will specifically coomin not more (i) five one hundredths of one percent (.05%) oxygen; (ii) ~ve($) grains ~f t~tal $ulphur~ e~nsis~ing ~f n~t more than ~ne quaner ( ~/4) grain ~f hydr~gen sul~de and one(l) grain ofmercaptan sulphur per one hundred (100) cubic feet of gas; (iii) rwopercent(2%)byvolumeofcarbondioxide: (iv) four percent (4%) by volume of total non-hydrocarbon and inert gases (including carbon dioxide, nitrogen, oxygen, helium, otc.); and (v) sevtn pounds (7#) of water vapor per one mlllion (l,OOO,OOO) cabic feet of gas. The gas will be at temperatures not in excess of one hundred twen~. (120) degrees Fahrenheit nor less than forty (40) degrees Fahrenheit, provided that the gas will have a hydrocarbon dew point not to exceed foxy (40) degrees Fahrenheit at the delivery pressure, and will have a heat content of not less than nine hundred fifty (950) or more thaneteven hundred (1,100) Btu per cubic foot under the conditions of measurement contained herein. TXUGD will not be obligated to accept any gas delivered by Customor (or its designee) hereunder that is not interchangeable with other gas in TXUGD's distribution system at the applicabl= Receipt Point hereunder. TXUGD's d. etermination of such interchangcability will be based upon a factor that is equivalent to the quotient obtained by dividing thc total beadng value of such gas, expressed in Btu, by the square root of the specific gravity of such gas. Such factor must be within 7% of the interchange factor established by TXUGD for its system at the applicable Receipt Point hereunder. (b) If at any time the gas fails to meet the quality specifications cnutoerated herein, TXUGD will notify Customer, . and Customer will immediately correct such failure. If Custotoer is unable or unwilling to deliver gas according to such specifications, TXUGD may rcfitse to accept delivery of gas hereunder for so long as such condition exists. (c) Notwithstanding anything contained herein, TXUGD reserves the right, at any time and froto time to time, to unilaterally amend, on a nondiscriminatory basis, the quality specifications s~t forth above to conform with standard industry practices upon giving Customer at least thirty (30) days prior written notice of any such change(s). 6. R~sooosibilitv Customer or Customer's designee will be in control and possession of thc ga* to be transported and will be responsible for and will indemnify TXUGD for, and hold TX'UGD harmless from, any damage or injury caused thereby prior to such gas being delivered into a facility owned by TXUGD at the Receipt Point(s) and aflar such gas is delivurcd by TXUGD into a facility owned by Customer or Castomer's designee at the Delivery Point, except for injuries and damages caused by the negligence of TXUGD. TXUGD will be in control and possession of thc gas it transports bereunder, and will be responsible for and will indemnify Customer for, and hold Custorner harndcss from, any damage or injury caused thereby a:Rcr receipt of the gas by TXUGD into a facility owned by TXUGD at the Receipt Point(s) and until such gas is delivered into a facility of the Cuatotocr or Customer's designee at tip Delivery Point, except for injuries ami damages caused by the negligence of Customer or Custotocr's designee. However, gas will be received by TXUGD after it has passed out of thc meter at a Receipt Point and until it is delivered by TXUGD to Custotocr or Customer's designee after it has passed out of the meter at a Delivery Point. Thc meter will be considered to be the meter tube for purposes of this provision. 7. Transportation Rates (a) Commencing with initial deliveries of gas bereunder, Customer will pay to TXUGD each month the Transportation Service Rate set forth on the signature page of this Contract for transportation services provided hereunder during such month, at the rate(s) sci forth on the signatory page of this Con~acL which will include TX'UGD's right to retain and become the owner of thc Retention Volutoe and the fees, charges, tax reitobursctoents and costs provided for in this Contract. (b) Custotoer agrees to reitoburse TXUGD for any Taxes as berein defined. Rev 05/25/01 Attach. to Rate Sch. 4221 17