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Enron Mail |
Good Morning Dan:
Hope your Thanksgiving was safe and happy. Legal and Credit have returned the contracts from final review and the only two edits we would ask are as follows: Page 2 - ARTICLE 4 DEFAULTS AND REMEDIES 4.1 Early Termination: At the top of page 2, second column, please delete the reference to arbitration of the Termination Payment and perhaps use something like "good faith efforts by both parties......". Page 1 of Appendix I - DEFINITIONS Following the definition for "Delivery Point(s)" and before the definition for "Force Majeure", please include the definition for "Financially Firm". "Financially Firm" shall mean that the parties have agreed that the performance obligation of Seller to delivery and sell and Buyer to receive and purchase is only excused if it is physically impossible for a party to deliver or receive Gas in accordance with its obligations under a Transaction because Gas is not available (at any price), or cannot be made available (at any price) via transportation (at any price) to the Delivery Point(s) to enable performance consistent with the terms of a Transaction. Dan, please call or email me if anything is unclear and it's my understanding that these same edits would be mirrored in both agreements, the Enron North America one as well as the Enovate contract. My phone number again is 713.207.3266. Thanks, Ellen Dailey
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