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<br />e <br /> <br />e <br /> <br />5.9 Governing Law <br /> <br />This Agreement shall in all respects be subject to the regulatory authority of the State of <br /> <br />Texas and shall be interpreted, construed and governed by, and in accordance with the laws of <br /> <br />the State of Texas. <br /> <br />5.10 Force Majeure <br /> <br />If a Participant is rendered unable, wholly or in part, by force majeure to carry out any of <br /> <br />its obligations under this Agreement, then the obligations of the Participant to the extent affected <br /> <br />by such force majeure and to the extent that due diligence is being used to resume performance at <br /> <br />the earliest practicable time, shall be suspended during the continuance of any inability so caused <br /> <br />to the extent provided, but for no longer period. Such cause, as far as possible, shall be remedied <br /> <br />with all reasonable diligence. The term "Force Majeure," as used herein, shall include, without <br /> <br />limitation of the generality thereof, acts of God, acts of the public enemy, orders of any kind of <br /> <br />the government of the United States or of the State of Texas or any civil or military authority, <br /> <br />insurrections, riots, epidemics, landslides, lightning, earthquakes, fire, hurricanes, storms, floods, <br /> <br />washouts, droughts, arrests, restraints of government and people, civil disturbances, explosions, <br /> <br />breakage or accidents to machinery, shortage or contamination of surface water, and any other <br /> <br />inabilities of such Participants, whether similar to those enumerated or otherwise, which are not <br /> <br />. ; <br />I <br /> <br />within the control of such Participant and which such Participant could not have avoided by the <br /> <br />exercise of due diligence and care. <br /> <br />A:\EWB I 097S.RV 1 <br />L.O. File No. 80-99146-01 <br /> <br />February 9. 2000 <br /> <br />34 <br />