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iii) if ac imbalance is ~'~ater d~nlO%, burl5% or less. of ~.e m~l gas volumes dcliver~ Customer a~ <br /> · e ~live~ Point d~ s~h mon~, Customer ~11 p~c~e such im~lance gm volumes ~om ~UGD. <br /> ~d ~GD ~11 have ~ fight to coll~[ ~om Customer, a sum of mo~y de~ned by ~ pr~ac~ o~ <br /> (Al ~e ~eatcr of ~e hi.st price ~d f~ g~ by ~GD d~ng ~t money ~d~ or 150% of ~e <br /> highas~ d~ly Houston Ship C~nnel ~e d~ng ~at mon~ly ~, ~ re~n~ in ~e publication Gas <br /> Dail)~ multiplied by (B) ~e numar of ~s in such mon~ly imb~, the~by climinadng such <br /> monthly impale; <br /> <br /> iv) if ~c imb~ce is ~e~or ~[5%. but 2~ or less. of ~e total g~ volumes delivered to C~tomor at <br /> · e ~live~ Point during such mort&, Cromer will purch~ such im~e g~ volumes from ~UGD. <br /> and ~GD ~11 have ~e right to collar ~om Cmtomer, a sum of money dete~ned by the pr~ucl of <br /> (Al ~e ~ea~r of ~e highas~ price p~d for gm by ~GD d~ng ~t monthly ~6~ or 1~5% of ~c <br /> hig~sl d~ly Houston Ship ~nnel ~ce d~ng &m mon~ly ~, m re~ in ~e publication Gas <br /> Daily, mul~pli~ by (B) ~e numar of d~e~ in such mon~ly imb~ce, thereby eliminating such <br /> mon~ly imb~ancel and <br /> <br /> v) if~e imb~an~ is ~r ~an 20% of~e to~ g~ volumes delive~ m Customer at ~e Dclive~ <br /> Point during such mon~, Customer ~11 p~hmc such imbal~ce g~ volumes ~om ~UGD. and ~UGD <br /> will have ~e 6ght to coll~t ~om C~tomer. a sum of money det~i~ by ~ pr~uct of (Al the ~r <br /> of ~e ~ghest p~ce p~d for g~ by ~UGD d~ng ~t monthly ~6~ or 2~% of thc highest d~ly <br /> Houston Ship Channel p~cc d~ng ~ai mon~iy ~. ~ m~ in ~ publication G~ Daily, <br /> muhipiied by (B) ~e numar of d~ in such monthly imb~ance. ~by climina~ng suchmonthly <br /> imbal~ce. <br /> <br />(d) ~UGD will bill Customer for ~y such ~oun~ o~ to ~GD by Custo~ undcr ~is p~a~ph 13 by <br />including such amounts in ~ ~n~ly s~n~s) re~e~ to Customer u~er ~a~ph 12 of Sch~uie "B" of <br />~is C~r, or by a ~p~a~ smtc~nt wbe~er or not &is ~n~i hm ~inated. ~GD will c~dit Customer <br />for any such ~oun~ ow~ to Cnsto~r by ~GD under ~s p~a~ 13 by c~didng such ~unn~ ag~nst <br />amoun~ owed to ~GD by Customer in any such sm~ment(s) r~ede~ to Cmtomer, O~c~i~, such amoun~ <br />will be paid to Custo~r wi~in they (30) days ~om thc date Con.ac[ h~ ~ina~ if ~c net ~count b~ancc is <br />~ ~ouni owed m Customer by ~GD. <br /> <br />14. Misuse of Imbalance ~rovisions <br /> <br />Customer wilt not a~empt to utliize thc imbalance provisions hereundcr to provide standby or backup service or <br />plant protection supply gas for its Facility in the event its ~itd party supplier(s) fail to deliver sufficient volumes of <br />gas to TXUGD for r~xtelivery hereunder to Customer's Facility for snch purposes, with due consideration to the <br />Retention Volume, or for any other purpose not expressly contemplated in Ibc terms of Ibis Contract. In the event <br />TXUGD ever determines that Customer has aRempted to do so, Caswmor agrees that TXUGD will have the right to <br />suspend and/or terminate this Contract. <br /> <br />15. Failure of Pr~cin~ Resource <br /> <br />(al In the event no Gas Daily is published or no "highest daily price" is published in the Gas Daily, thc price used <br />thcrcforc will he thc highes~ price published in Iaside F.E.R.C.'~ Gas Market Report for gas sold during thc month in <br />Texas, In the event no Gas Daily is published or no "lowest daily price" is published in the Gax Daily, the prlcc used <br />therefor will be the lowast price published in the laslde F.E.R.C.'x Gas Market Report for gas sold during the month <br />in Texas. <br /> <br />(b) ~n the evcnt n~ Gas Daily and n~ ~aside F.F.`R~C.~x Gas Market Rep~rt is pub~ishe~ ~r n~ .~highes~ dai~y ~xice~' <br />is published in the Gas Daily or in the "Inside FERC." the. price used therefore will be the highest price published by <br />thc New York Mercantile Exchange (NYMEX) for gas sold during the month in Texas. In thc event no Ga~ Daily <br />and no Iaside F.F~ R. C.'s Gas Market Report is published or no "lowest daily price" is published in ~ae Gas Daily or <br />in the "Inside FERC." the price used therefor wiU be the lowest price published by the New York Mercantile <br />Exchange (NYMEX) for gas sold during thc month in Texas. <br /> <br />(c) In the event (;as Daily, In.vide F.F..R.C.'x Gas Market Report and ~he New York Mercantile Exchange <br />(NYMEX) ail ~ fail to report a highest or lowest price for the month for us~ under the rcspectlvc provisions of <br />this Contract the panics may mutually agran upon thc price or prices to be used. However, if the panins cannot agree <br />on such a price or prices within thirty (30) days of such an event thc appropriate price or prices will be es~blished <br />by arbiwation as provided in this Contract. <br /> <br />Rev 05/25/01 Attach. to Rate Sch. 4221 22 <br /> <br /> <br />