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TARIFF FOR GAS SERVICE TXU GAS COMPANY
<br /> RATE SCHEDULE: 31 General Transportation Contract Terms and Conditions
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<br /> APPLICABLE TO: Entire System REVISION: 0
<br /> DATE:
<br /> EFFECTIVE DATE: PAGE: 9 of 13
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<br /> of Customer's failure or refusal to disclose the purchase price of Gas transported under any
<br /> Transportal on AgreemenL
<br /> (b) Defimhon of Taxes The t~rm "Taxes" as used herein means all taxes and fees levied upon
<br /> and/or paid by Company [other than ad valorem, capital stock. ~ncome or excess profit taxes texcept as
<br /> provided herein), general franchise taxes imposed on corporations on account of their corporate
<br /> existence or on their right to do business within the state as a fore,gn corporation, and s~milar taxes],
<br /> including, but not limited to, mumcipal franchise fees, and street and alley rental fees set out in franchise
<br /> ordinances, street crossing agreements, or licenses. "Taxes" also includes any other taxes, fees. or
<br /> charges levied, assessed, or made by any governmental authority on the revenue of Company under any
<br /> Transportation Agreement, or the act, right, or privilege of setling, transporting, handling, or delivering
<br /> Gas. Such taxes or fees are based upon the quantity, volume, heal content, value, sales price of the
<br /> Gas, purchase price of the Gas, transportation fee payable under any Transportalion AgreemenL and any
<br /> other fee, charge, cost reimbursement, tax reimbursement, or payment under any Transportation
<br /> Agreement, including any applicable federal income tax imposed as a result of the reimbursement of the
<br /> cost of the installation of facilities and equipment at the Delivery Point(s) or Receipt Point(s) under the
<br /> terms of the applicable Transportation Agreement.
<br /> (c) Sales and Use Tax. Texas sales and use tax will also be collected by Company on behalf of
<br /> the State, as well as any other taxes required by law. However, Company will not collect the sales tax for
<br /> the State if Customer provides Company with a valid sales tax exemption certificate.
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<br /> 14. Biflinq, Accountinq, and Reports
<br /> (a) Invoices. On approximately the 15th Day of each Month, Company will render to Customer a
<br />statement for the preceding Month showing the quantity of Gas delivered at the Receipt Point(s) and
<br />Delivery Point(s) during such preceding Month; the amount of compensation due to Company under the
<br />applicable Transportation Agreement, including tax reimbursement and any imbaiance payments due
<br />under such Transportation Agreement; other reasonable and pertinent information that is necessary to
<br />explain and support the same; and any adjustments made by Company in determining the amount billed.
<br /> (b) Payments. Customer will pay to Company, on or before the 10th Day after receipt of
<br />Company's statement (or such later date as prescribed by applicable law), the amount set forth ~n
<br />Company's statement. Notwithstanding anything contained in any Transportation Agreement, Company
<br />will have the right to require that all payments be made by wire transfer to: TXU Gas Company, Account #
<br />08805016795, Chase Texas Bank, Dallas, Texas, ABA# 113000609. To assure proper credit, Customer
<br />should designate the company name, invoice number, and amount being paid in the Fedwire Text
<br />Section. If the amount contained in any statement is not paid when due, then Customer will pay interest
<br />at the lesser of 18% per annum or the lowest legal rate of interesl (provided that if Customer is a State
<br />Agency, as defined in Section 2251.001 of the Texas Government Code, then Customer will pay interest
<br />m accordance with Texas Government Code Section 2251.025 or Section 2251.026, whichever ~s
<br />applicable, and if Customer is a federal Customer, then Customer will pay interest in accordance with
<br />applicable federal law); provided, however, no interest will accrue on unpaid amounts when failure to
<br />make payment is the result of a bona fide dispute between the parties regarding such amounts (and
<br />Customer timely pays all amounts not in dispute) unless and until it is ultimately determined that
<br />Customer owes such disputed amount, whereupon Customer will pay Company that amount, plus interest
<br />computed back to the original payment due date, immediately upon such determination.
<br /> (c) Audit, Each party will have the right at all reasonable times to examine the records of the
<br />other party to the extent necessary to verify the accuracy of any statement, charge, computation, or
<br />demand made under or pursuant to any of the provisions in any Transportation Agreement. If ar' -.;ch
<br />examination reveals any inaccuracy in such billing theretoL ~e made, the necessary adjustments .ch
<br />billing and payment will be made; provided, that no adjustments for any billing or payment will be made
<br />for any ~naccuracy claimed after the lapse of 25 Months from the rendition of the ~nvoice relating there!o,
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