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Enron Mail |
I think this is the most recent version of the ETA. Obviously, this is the
UK version and Sullivan & Cromwell are turning it into a US document. The US version will be governed by NY law and contain an arbitration clause. We're also trying to figure out how much to say about the confirmation process since it may vary from product to product and will almost certainly be different from the UK version. Speaking of which, I was surprised to find that they have the telephone conversation (and in this case the web site records) control over a confirmation which has been signed by both parties. What's the practice in your part of the world? One alternative is to insert the language (or something like it) that we use in financial trading which says that we will send a written confirm, gives the counterparty a short time (2 or 3 days) to respond and indicates that silence will be deemed acceptance. Would that work for your deals? Anyway, I'm in NY today and tomorrow, back in the office on Wed. Louise is insistent that the GTC's be available to be uploaded this weekend. I'll be calling in periodically tomorrow and will try to get you since I'm sure you will have issues to discuss - and now is the right time to get changes made to the ETA if necessary. ---------------------- Forwarded by Mark - ECT Legal Taylor/HOU/ECT on 07/26/99 05:04 PM --------------------------- Enron Capital & Trade Resources Corp. From: Tracey.Hayward@cliffordchance.com 07/20/99 11:21 AM To: Mark - ECT Legal Taylor/HOU/ECT cc: Subject: Revised documentation FROM: Andrew Wilkinson Dear Mark Further to my various emails on Friday 16 July 1999, please find attached a copy of the UK ETA which shows the amendments from the drafts I sent to you on Friday. All of these changes have been inserted into all Electronic Trading Agreements for each of the primary jurisdictions. These changes have been made following my conference call with Scott Sefton, Justin Boyd, Louise Kitchen and others yesterday afternoon. I also attach a revised draft of the UK Gas Physical Beach GTC and the Zeebrugge Gas Physical GTC marked up to show the changes to the versions sent to you last Friday. I would be grateful for any comments on these documents as well as those sent to you on Friday. Kind regards. Andrew Wilkinson <<UKETA.rtf<< <<UKNPB.rtf<< <<7tgzRED.DOC<< - UKETA.rtf - UKNPB.rtf - 7tgzRED.DOC
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