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Enron Mail |
This is the section they wish to change.=20
=01&11.1. Except with regard to a party's obligation to make payment due un= der=20 Section 7. and Imbalance Charges under Section 4, neither party shall be=20 liable to the other for failure to perform a Firm obligation, to the extent= =20 such failure was caused by Force Majeure. The term "Force Majeure" as=20 employed herein means an event not anticipated as of the date hereof, which= =20 is not within the reasonable control of the Party (or in the case of third= =20 party obligations or facilities, the third party) claiming suspension, and= =20 which such Party (or third party) by the exercise of due diligence is unabl= e=20 to overcome, or which such Party (or third party) by the exercise of due=20 diligence is unable to obtain or cause to be obtained a commercially=20 reasonable substitute performance. Subject to the foregoing sentence, even= ts=20 of Force Majeure shall include the events as further defined in Section 11.= 2=20 and shall include an event of Force Majeure occurring with respect to the= =20 facilities or services of Buyer's or Seller's Transporter.=018 =20 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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