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TARIFF FOR GAS SERVICE TXU GAS COMPANY
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<br />RATE SCHEDULE: 22 Service Rules and Regulations - Gas Service
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<br />APPLICABLE TO: Distribution System REVISION: 0
<br /> DATE:
<br />EFFECTIVE DATE: PAGE: 7 of 10
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<br /> resulting from said acts except to the extent that said damages or injuries are
<br /> proximately caused by acts or omissions of Company, which are found to be
<br /> wanton or willful with intent to cause injury.
<br /> In any claim or cause of action relating to the provision of Gas Service asserted by
<br /> a Customer or any other person against Company, Company will not be liable for
<br /> any damages resulting from or growing out of defective piping, appliances,
<br /> equipment, or other gas facilities belonging to Customer, or the leakage of gas
<br /> from, or incomplete combustion of gas by, Customer's appliances. Nor will
<br /> Company be liable for damage or loss caused by interruptions, fluctuations, or
<br /> stoppage or curtailment in service caused by acts of God, vandalism, strikes, riots,
<br /> diminutions or failure of supply of gas, or pursuant to order of a governmental
<br /> agency having jurisdiction over Company or Company's suppliers, or, without
<br /> limitation by enumeration herein, other events and contingencies that could not in
<br /> the ordinary course of commercial, prudent management have been reasonably
<br /> foreseen and prevented by Company. In no event will Company be liable to
<br /> Customer for any consequential, special, or non-direct damages, including, but not
<br /> limited to, loss of use of equipment, lost profits, extra expense due to the use of
<br /> temporary or replacement equipment, loss of business revenue, costs of capital, or
<br /> any other cost not part of necessary repair to or reasonable replacement of
<br /> Customer's gas equipment, whether the claim or cause of action is based upon
<br /> contract, tort, negligence, products liability, or any other theory of recovery.
<br /> (2) Customer Liability and Responsibility
<br /> Customer will be responsible for the design, installation, operation, and
<br /> maintenance of gas facilities on Customer's side of the Point of Delivery.
<br /> Customer will grant to or secure for Company, at Customer's expense, any rights-
<br /> of-way on property owned or controlled by Customer, which are necessary to
<br /> provide Gas Service to Customer.
<br /> Customer assumes full responsibility for natural gas furnished to Customer at and
<br /> past the Point of Delivery and will indemnify Company against and hold Company
<br /> harmless from all claims for damage to property or injury to persons resulting from
<br /> natural gas or the utilization of natural gas on Customer's property.
<br /> Customer must protect Company facilities located on Customer's property.
<br /> Customer will indemnify Company against damage to or loss of Company-owned
<br /> property located on Customer's premises proximately arising out of, or caused by,
<br /> the negligence, carelessness, or willful act of Customer, or Customer's servants,
<br /> agents, employees, household members, or any person or persons upon
<br /> Customer's premises by authority of Customer's consent or sufferance.
<br /> In the event Customer suspects a gas leak, Customer must take all appropriate
<br /> actions to prevent ignition of the escaping gas and immediately notify Company
<br /> via Company's Emergency Notification number of the suspected gas leak. in
<br /> addition, Customer should:
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