El Paso Natural Gas Company

Second Revised Volume No. 1A

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Effective Date: 07/09/1997, Docket: RP97- 20-007, Status: Effective

Original Sheet No. 451 Original Sheet No. 451 : Effective

 

 

TRADING PARTNER AGREEMENT

for the Electronic Data Interchange

of Information Over the Public Internet

(Continued)

 

Section 4. Miscellaneous. (Continued)

 

4.2. Severability. If any provision of this Agreement is determined

to be invalid or unenforceable, then as of such determination, this

Agreement in its entirety shall be deemed ineffective and unenforceable by

the parties.

 

4.3. Entire Agreement. This Agreement, the Appendix and any duly

executed amendments or exhibits thereto shall constitute the complete

agreement of the parties relating to the matters specified in this Agreement

and supersede all prior representations or agreements, whether oral or

written, with respect to such matters. No oral modification or waiver of any

of the provisions of this agreement shall be binding on either party. No

obligation to enter into any Transaction is to be implied from the execution

or delivery of this Agreement. This Agreement is solely for the benefit of,

and shall be binding solely upon, the parties their agents and their

respective successors and permitted assigns. This Agreement is not intended

to benefit and shall not be for the benefit of any party other than the

parties hereto and no other party shall have any right, claim or action as a

result of this Agreement. There are no third party beneficiaries to this

Agreement.

 

4.4. Governing Law. This Agreement shall be governed by, interpreted

and enforced in accordance with the laws of the state of Texas, without

regard to its conflicts of laws provisions.

 

4.5. Force Majeure. No party shall be liable for any failure to

perform its obligations in connection with any Transaction or any Document,

where such failure results from any act of God or other cause beyond such

party's reasonable control (including, without limitation, any mechanical,

electronic or communications failure) which prevents such party from

transmitting or receiving any documents and which, by the exercise of due

diligence, such party is unable to prevent or overcome.