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Enron Mail |
Kaye,
=20 Please send this to John Emert =20 David, =20 This is the section to take care of having 3 counterparties involved. Our legal dept is still writting the 90 no margin section. I will get that to as soon as it is done. =20 Dutch 713-853-9216=20 Each of the parties to this Agreement recognizes and acknowledges that the = parties are acting and agreeing to perform their obligations hereunder in r= eliance upon (i) the timely execution and delivery by [legal name of other = counterparty] ("Third Party") and Party A of a transaction in substantially= the form attached hereto as Exhibit A ("Third Party Transaction A") and wo= uld not otherwise agree to execute, deliver and perform under this Agreemen= t if Third Party and Party A were not contemporaneously executing and deliv= ering Third Party Transaction A and (ii) the timely execution and delivery = by Third Party and Party B of a transaction in substantially the form attac= hed hereto as Exhibit B ("Third party Transaction B") and would not otherwi= se agree to execute, deliver and perform under this Agreement if Third Part= y and Party B were not contemporaneously executing and delivering Third par= ty Transaction B. The effectiveness of this Agreement shall be subject to = the condition that contemporaneously with the execution and delivery of thi= s Agreement Party A and Third Party execute and deliver Third Party Transac= tion A and Party B and Third Party execute and deliver Third Party Transact= ion B.
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