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TARtFF FOR GAS SERVICE TXU GAS COMPANY
<br /> RATE SCHEDULE: 31 General Transportation Contract Terms and Conditions
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<br /> REVISION: O
<br /> APPLICABLE TO: Entire System I
<br /> DATE:
<br /> i PAGE: 11 of 13
<br /> EFFECTIVE
<br /> DATE:
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<br /> previously here will be a default that will give Company the right to immediately terminate the
<br /> applicable Transportation Agreement, unless such failure to pay such amounts is the result of a bona fide
<br /> disbute between the parties regarding s~ch amounts under the applicable Transportation Ac~reement and
<br /> Customer timely pays all amounts not in dispute. With respect to any other matters, the p~.,,rty in default
<br /> will have 30 Days from receipt of such notice to remedy such default, and upon failure to do so. the
<br /> applicable Transportation Agreement will terminate from and after the expiration of such 30-Day period
<br /> Such termination will be an additional remedy and will not prejudice the right of the party not m default to
<br /> collect any amounts due it under the applicable Transportation Agreement for any damage or loss
<br /> suffered by it and will not waive any other remedy to which the party not in default may be entitled for
<br /> breach of the applicable Transportation Agreement.
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<br /> 19. Force Ma~_uf.e_
<br /> (a) Suspension of Performance. In the event either party is rendered unable, wholly or in part, by
<br />an event of force maleure to carry out its obligations under any Transportation AgreemenL except the
<br />obligation to pay monies due under such Transportation Agreement, on such party's g~wng notice a. nd
<br />reasonably full particulars of such event of force majeure, ~n writing or by fa.x, to the other party within a
<br />reasonable time after the occurrence of the cause relied on, the obligations of the party g~ving such
<br />notice, so far as they are affected by such event of force majeure, will be suspended during the
<br />continuance of any inability so caused, but for no longer period, and such cause will, so far as possible,
<br />be remedied with all reasonable dispatch.
<br /> (b) Definition of Force Maluere. The term "force majeure" as used herein, means acts of God;
<br />strikes, lockouts, or other industrial disturbances; acts of terrorism, acts of the public enemy, wars,
<br />blockades, insurrections, civil disturbances, riots, and epidemics; landslides, lightning, earthquakes, fires,
<br />storms, floods, and washouts; arrests, orders, directives, restraints, and requirements of the government
<br />and governmental agencies, either federal or state, civil or military; any application of governmental
<br />conservation or cur[ailment rules and regulations; explosions, breakage, or accident to machinery or lines
<br />of pipe; shutdowns of lines of pipe for inspection, maintenance, or repair; freezing of lines of pipe; and
<br />any other causes, whether of the kind enumerated or otherwise, not reasonably within the control of the
<br />party claiming suspension; provided, however, if Customer is an Electric Generation or Industrial
<br />Customer, then no failure of Customer's industrial facilities or power plant will be considered a force
<br />maleure event. The settlement of strikes or lockouts will be entirely within the discretion of the party
<br />having the difficulty, and that the above reasonable dispatch will not require the settlement of strikes or
<br />lockouts by acceding to the demand of the opposing party when such course is, or is deemed to be,
<br />inadvisable or inappropriate in the discretion of the party having the difficulty.
<br /> (c) Balancing Obligations Remain. Notwithstanding the foregoing, an event of force majeure will
<br />in no way terminate Customer's obligation to balance quantities of Gas under the applicable
<br />Transportation Agreement or make payment for quantities delivered prior to such event of force majeure.
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<br />20. Miscellaneous
<br /> (a) Notices. All notices, requests, demands, statements, and payments provided for in any
<br />Transportation Agreement must be given in writing directed to the party to whom given, and mailed to or
<br />delivered at such party's address set forth in the applicable Transportation Agreement or at such address
<br />as each party may by like notice give to the other. Such mailed notices will be deemed to have been
<br />given when deposited in the United States mail (first class, registered, or certified), postage prepaid, or ~n
<br />the case of hand delivery, when delivered to a representative of either party by a representative of the
<br />other party. Company may submit operational communications at the e-mail address set forth in the
<br />applicable Transportation Agreement and Customer will be responsible to monitor such e-mail address
<br />for any such communications from Company. Any such communications sent by Company to such e-mail
<br />address will be deemed received by Customer when sent by Company unless Customer has previously
<br />notified Company in writing of any change to Customer's designated e-mail address. If Company's e-mail
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