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Enron Mail |
Curt Hribernik
Proliance Energy, LLC I am receipt of your e-mail concerning comments to the Master Agreement. As previously discussed, we await a letter of credit from your company. My comments are as follows: Article 2.3 Equipment and Transaction Tape We do not agree to the suggest change to language in this section. Article 2.4 Confirmations We agree to extend the response time to confirms to 48 hours. Article 3.2 Seller's Failure to Schedule We do not agree to the suggest change to language in this Article. Article 4. Defaults and Remedies We do not agree to delete "any or" and "selected by it" in this section or references to arbitration. This agreement is draft in order that selection can be made by either party as to transactions to cancel or retain. Article 4.2. Triggering Event The amounts in this Article are from the credit department. Please provide me with your suggested changes and I will forward same to credit. Article 4.4 Offset We do not agree to suggested changes to this section. Article 4.6 Collateral Requirement/Termination Payment Threshold The amounts in this Article are from the credit department. Please provide me with your suggested changes and I will forward same to credit. Article 6.2 New Taxes We refer you to Article 6.1 and Section 4.1. Article 7.1 Title, Risk of Loss, Indemnity and Balancing We do not agree to suggested changes to this section as sections on "Representations and Warranties" and " Gas Specifications" speak to quality standards. Article 8.5 Applicable Law We agree to suggested New York law. Appendix 1. Enfolio General Provisions Changes to "Material Adverse Change" are credit decisions. I will forward your remarks to credit. Appendix 1. Enfolio General Provisions Gas Specifications: We do not agree to suggest changes to this provision. Appendix 1. Enfolio General Provisions Multiple Delivery Point Utilization: We do not agree to suggest changes to this provision. Appendix 1: Arbitration Disputes to be Arbitrated We do not agree to suggest changes to this provision. Please do not hesitate to contact me with any questions and or comments regarding this matter. 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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