Common use of Certain Material Contracts Clause in Contracts

Certain Material Contracts. Except for the contracts, agreements, leases and commitments listed in Section 3.16 of the ERS Disclosure Letter, neither ERS nor any of the ERS Subsidiaries is a party to or bound by: (i) any contract which imposes material geographic or territorial limitations on the conduct of business by ERS or any of the ERS Subsidiaries (excluding customary area of interest provisions relating to specific properties and similar restrictions entered into in the ordinary course of business and which do not have a significant impact on their ability to conduct business generally in that geographic area); or (ii) any joint venture or partnership agreement. As of the date hereof, the net hedge and future position is not materially different from that existing on the ERS Balance Sheet Date.