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05 Finance
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05 Finance
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Last modified
8/23/2012 9:27:47 AM
Creation date
12/12/2008 1:42:53 PM
Metadata
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Template:
AGENDA
Item Number
05
AGENDA - Type
MISCELLANEOUS
Description
Electric power contract with CAPP
AGENDA - Date
12/15/2008
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with a valid provision the economic effect of which comes as close as possible to that of <br />the provision that has been found to be unenforceable, void, or contrary to Law. <br />19.6 Requirements. Each Party shall timely comply with all then-current PUCT and <br />ERCOT requirements (including, without limitation, the ERCOT Guides) that are <br />applicable to it and shall reasonably cooperate upon reasonable notice with the other <br />Party to the extent necessary for the other Party to timely comply with then-current <br />PUCT and ERCOT requirements (including, without limitation, the ERCOT Guides) that <br />are applicable to it. <br />19.7 Entirety. It is the intention of the Parties that this Contract shall contain all <br />terms, conditions, and protections in any way related to, or arising out of, the sale and <br />purchase of the Products as contemplated herein, and supersedes all prior agreements <br />regarding the subject matter hereof, whether written or oral. <br />19.8 Captions, Titles and Headings. Captions, titles and headings used in this <br />Contract are for ease of reference only and do not constitute a part of this Contract. <br />19.9 Forward Contract. The Parties acknowledge and agree that this Contract <br />constitutes a"forward contract" within the meaning of the United States Bankruptcy <br />Code. <br />19.10 Further Assurances. Each Party shall, from time to time, upon the written <br />request of any other Party, execute and deliver such further instruments and documents as <br />shall be necessary to perform its obligations hereunder. <br />19.11 Survival. The confidentiality and audit provisions, indemnities, releases from <br />liability, and limitations on liability or damages expressed in this Contract shall, unless <br />otherwise provided herein, survive without limitation the termination, cancellation or <br />expiration of this Contract, and shall apply whether in contract, equity, or otherwise. <br />Notwithstanding the foregoing, the statute of limitations for bringing any action with <br />respect to this Contract or either Party's performance hereunder is not extended by the <br />provisions of this Section 19.11. <br />38 <br />_ ~;(1i '0 6:► <br />
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