Enron Mail

From:chris.booth@enron.com
To:ben.jacoby@enron.com
Subject:Unit 1 Delivery Liquidated Damages
Cc:rebecca.walker@enron.com, kay.mann@enron.com
Bcc:rebecca.walker@enron.com, kay.mann@enron.com
Date:Tue, 1 May 2001 02:40:00 -0700 (PDT)

Ben,

Unit 1 Guaranteed Delivery Dates: (Exhibit B-2 Schedule I)
Turbine and Generator 11 March 2001
Remaining Major Components 31 March 2001

Delivery Liquidated Damages (Section 10.3)
Major Component $14,500/day (Exhibit B-6)

Calculation of Delivery Liquidated Damages:

As of May 1, 2001, the air filter housing (defined as a Major Component) for
Unit 1 has not yet been delivered, hence the Delivery Liquidated Damage clock
has been running for 31 days.

(31 days) x ($14,500/day) = $449,500.00 towards a cap of 10% of the Purchase
Amount (10% of $39,103,201 = $3,910,320)