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Enron Mail |
Carl,
Thank you for your e-mail yesterday re the GISB agreement. To finalize this agreement we would include the following in our Special Provisions: GPU Service, Inc. is authorized agent acting for and on behalf of Jersey Central Power & Light Company, dba GPU Energy (the "Operating Utility") pursuant to the Agency Agreement, dated________, by and between GPU Service, Inc. and Jersey Central Power & Light Company. Buyer shall pay Seller the Contract Price regardless of whether the applicable state public utility commission[s] allow for the amounts paid by the Operating Utilities to the Service Company pursuant to the Agency Agreement to be recovered in customer rates. Furthermore, GPU Service, Inc. represents and warrants that: (a) the Operating Utility is duly organized, validly existing, and in good standing under the applicable laws of the jurisdiction of its formation; (b) the execution, delivery, and performance of this Agreement are within the scope of its agency for the Operating Utility pursuant to the Agency Agreement; © the Agency Agreement is in full force and effect and represents a valid and binding obligation of the Operating Utility to accept and pay for the goods and services being obtained by the Service Company under the Agency Agreement; (d) the Operating Utility has all regulatory authorizations necessary for the Operating Utility to legally perform its obligations under this Agreement and the Agency Agreement; (e) the Operating Utility will be responsible for the obligations incurred under this Agreement on the Operating Utilities behalf by the Service Company as its authorized agent. GPU Service, Inc. as agent for Jersey Central Power & Light Company has obtained all necessary or appropriate consents, commitments, and undertakings from the Operating Utility to assure the foregoing representations and warranties. Finally, did I provide you with our Special Provisions? If not, please let me know. Upon your review of the above, please give me a call to discuss. Regards, Debra Perlingiere Enron North America Corp. Legal Department 1400 Smith Street, EB 3885 Houston, Texas 77002 dperlin@enron.com Phone 713-853-7658 Fax 713-646-3490
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