El Paso Natural Gas Company
Second Revised Volume No. 1A
Contents / Previous / Next / Main Tariff Index
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.