06-A TXU Gas Rate - Laserfiche WebLink

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$, Receipt Point~ (a) Gas delivered by Customer (or its designee) to TXUGD hereunder will be delivered at the outlet of a city gate meter, referred to herein as the "Receipt Point," described on the signature p~ge of this Contract. The Receipt Point will be at an active city gate o~ the TXUGD's distribution system, described on the signature page of this Contract. provided, that if TXUGD owns the applicable city gate, the Receipt Poinl will be thc inlet of the city gate. It is agreed tha~ Customer and TXUGD may mutually agree to addilionai receipt points under this Contract that will also be at active city gates on such distribution system. (b) Notwithstanding an!ahing contained in this Contract that might be construed to the contras', in the event of unfavorable operating conditions (as determined by TXUGD in its sole opinion), or a change of ownership of a specific Receipt Point or appurtenant facilities, or if, in TXUGD's sole opinion, the receipt of gas from a specific Receipt Point ever becomes uneconomical for any reason whatsoever, then TXUGD will have the right (9 to immediately discontinue the receipt of gas from any such Receipt Point and/or (ii) upon thirty (30) days' prior written notice to Customer, to delete any such Receipt Point from this Contract. However, Customer and T×UGD may agree to perform this Contract with reduced volumes, or Customer and TXUGD may agree that Customer will pay for the necessary increase in capacity of the facilities involved, 9. Interruotible Service Customer hereby acknowledges that TXUGD's ~:ceipt and delivery of gas volumes hereunder will be on a wholly intermptible basis and subject m: (i) the most efficient and economic utilization of TX'UGD's pipeline capacity as determined by 'rXUGD in its sole discretion; (ii) pipeline capacity necessary to serve existing or _future sales customers under tariffs filed with applicable regulatory authorities or under negotiated contracts as determined by TXUGD in its sole discretion; and (iii) the other terms and conditions contained in this Contract. Customer agrees that such transportation service may be interrupted, in whole ot in paz'L from time to time, without notice; however, T'XUGD's dispatcher will endeavor to advise (by telephone or electronic medium) Customer's dispatcher or authorized representative of an interruption as soon as practicable, either before or after such interruption, but TXUGD will have no liability for any failure to give such notice. In no event will an interruption of transportation service pursuant to the terms, conditions and contingencies of this Contract constitute a breach of this Contract. and TXUGD will not be liable to Customer or third parties in damages or otherwise because of any interruption of such service. Customer agrees to indemnify TX'UGD for, and hold TXUGD harmless from, any damages, causes of actions or claims asserted by any third parties as a result of any termination, suspension, or interruption of services hereunder by TXI.ICiD for any r~ason. 10. ~ominations (a) Custoroer will provide TXUGD with its tint of the month nomination of volumes for receipt and delivery by TXUGD du~ng a month no later than I 1:30 a.m. central clock time on the second business day prior to the first calendar day of each month, giving due consideration to the Retention Volume. (b) Each such nominatlon by Customer will contain the nominated quantities for each Receipt Point and the Delivery PoinL designation of the appropriate contrnct(s) covering such gas, and the identity by name and telephone number of individual(s) who have authority to confirm the gas volumes nominated at each Receipt Point and the Delivery Point. (c) Customer may change nominated volumes for the remainder of a month on any busianss day, provided such nomination change must be received by TXUGD prior to 10:00 a.m. central clock time of any business day to be effective the next business day. (d) If Customer fails to nominate volumes for ~ceipt and delivery by TXUC}D under this Contract for any month, TXUGD may suspend Iranspormtion service under this Contract for such month. Such interruption of ser'~ice by TXUGD will not prevent etfforcement by TXUGD of any of its other legal rights or remedies nor will the same be consumed as a breach of the obligations of TXUGD under this Contract. (c) IfCnstomer fails to nominate volumes for receipt and delivery by TXUGD under this Contract for three(3) consecutive months during the term of this Contract, TXUGD may upon thirty (30) days prior written notice to Customer terminate this Contrant: provided, the obligations to make payment for monies duc under this Contract, including payments for any kind of imbalances, will not be extinguished. (fi Customer understands and agrees that TXUGD may for operational reasons prorate and/or totally refuse te accept new nominations or honor then existing nominations at any existing Receipt Points and/or proposed Receipt Rev 05/25/01 Attach. to Rate Sch. 4221 18