06-A TXU Gas Rate - Laserfiche WebLink

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Points, at any time and from time to time and for any specified or unspecified time period(s). TXUGD will endeavor to notify Customer or Customer's designee of such refusal to accept or honor any nomination or nominations as soon as practicable, but TXUGD will not be liable for any failure to do so. (g) Notwithstanding the foregoing, Customer will not attempt to utilize the nomination process under this Contract to reserve or gain additional pipeline capacity by over nomination. In the event 'I'XUGD. in its sole discretion. determines that Customer has attempted to reserve or gain additional pipeline capacity by over nomination, Customer agrees that TXUGD will have the right, with or without prior nmice, to: (i) revise the nomination, (ii) suspend service under this Contract. and/or (iii) terminate this Contract. ll, ]mba]ances of Nominations and ¥olumes (a) It is recognized and understood that: (i) an exact day-to-day balance of thc volume of gas nominated for receipt and delivery by TXUGD and the volume of gas delivered to (taken or used by) Customer at the Delivery Point may not be possible due to the inability of Customer to precisely predict or control such receipts or deliveries; and (ii) an exact day.to-day balance of the volume of gas delivered to TXUGD at the Receipt Points for transportation, less the Retention Volume, and the quantity of gas delivered Io (taken or used by) Customer at the Delivery Point by TXUGD may not be possible due to the inability of Customer to contxol precisely such receipts or deliveries. However. Customer will endeavor to nominate and deliver to TXUGD at the Receipt Point the v~lume of gas that is delivered to (taken or used by) Customer at the Delivery Point, plus the Retention Volume, during any applicable period. (b) Customer will be obligated to monitor on both an hourly and a dally basis and. if necessary, adjust, or cause to be adjusted: (i) the volume of gas delivered to TXUGD at the Receipt Points fo£ manspomtion; and (ii) the volume of ~.nsportation gas taken or received by Customer, or its designee, fi.om TXUGD at the Delivery Point, in order to maintain both an hourly and a daily balance of receipts and deliveries at consistent flow rates throughout each day. giving du~ consideration to the related Retention Volume. Customer will advise TXUGD of any situation wherein any kind of imbalance has occurred or may occur. Customer will endeavor to adjust its receipts and/or deliveries of transportation gas to thc extent necessary to avoid any kind of imbalance, and promptly notify TXUGD of such adjustments. Any adjustments to receipts and/or deliveries by Customer, whether or not pursuant to notification from either party, will be coordinated with TXUGD's gas control personnel. (c) TXU~'D will not be obligated to receive or deliver quantities of gas on any day in excess of the lesser of: (i) those quantities nominated by Customer for transportation hereunder ou such day, giving due consideration to the Retention Volume; or (ii) those quantities received by TXLTGD at the Receipt Points for transportation hereunder on such day, giving due consideration to the Retention Volume. However, TXUGD, to the extent practicable, will endeavor to deliver to Customer each day a quantity of gas equivalent to the quantity of gas received by TXUGD from Customer (or its designee) at the Receipt Points on such day, less the Retention Volume. (d) TXUGD will retain and become the owner of such Retention Volume to replace the normal gas lost. gas used as fuel and gas used in its day-to-day pipeline operations related to the volumes delivered by Customer to TXUGD, (e) Notwithstanding anything contained heroin that might be construed to the coot~ary, TXUGD will always have the total and ur~restficted fight, but with no obligation whatsoever, at any time and from time to time. to restrict, interrupt or reduce its receipt and/or delivery of transport gas hereunder in order to maintain both an hourly and a dally balance of receipts and deliveries at consistent flow rates throughout each day or to correct any imbalance between receipts and deliveries hereunder. (0 Other provisioos of this Coho'act ntawithstandiog, in the event the transportation of volumes of gas delivered to the Receipt Point are interrupted by TXUGD dining any day for any reason, the volume interrupted, up to the Maximum Daily Quantity, will not be considered as a part of any imbalance for that day under the terms of this Contract. Rev 05/25/01 Attach. to Rate Sch. 4221 19