Message-ID: <13877033.1075842236085.JavaMail.evans@thyme> Date: Mon, 12 Mar 2001 23:39:00 -0800 (PST) From: dan.hyvl@enron.com To: kim.ward@enron.com Subject: RE: Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Dan J Hyvl X-To: Kim Ward X-cc: X-bcc: X-Folder: \Dan_Hyvl_Dec2000_June2001\Notes Folders\All documents X-Origin: HYVL-D X-FileName: dhyvl.nsf Kim, What is meant by a "new review of this agreement"? Have they reviewed the master previously? If so, I have been wasting my time inserting the credit requirements into the standard agreement? I have reviewed the contract form that they provided and it is lacking in numerous areas. I think it is a form they put together for use with a Canadian producer. The remedy for a default is determined by the sales or purchase price that the other party can negotiate, as such ENA cannot comply because we do not allow anyone the ability to review our contracts with other parties. The form also has no credit provisions, no limitation of liability provisions, no acceleration provisions in the event of default, etc. Additionally, a transaction can only be done by signing a confirm, and if not signed, no agreement. Let's discuss where we go from here. Kim Ward 03/12/2001 05:17 PM To: Dan Hyvl cc: Subject: RE: Dan, This was the reaction that I just got from SMUD. I am assuming that we didn't incorporate any of their language, which is fine. It would just be a point of discussion if I could point out that we were working with their language. Thanks, Kim ---------------------- Forwarded by Kim Ward/HOU/ECT on 03/12/2001 05:14 PM --------------------------- Calvin Miller on 03/12/2001 03:15:47 PM To: "'Kim.Ward@enron.com'" cc: Subject: RE: Kim- I received your e-mail. I did not know that you were sending "your Master Agreement". I'm not sure as to when I will be able to give a "new" review of this agreement. Calvin -----Original Message----- From: Kim.Ward@enron.com [mailto:Kim.Ward@enron.com] Sent: Monday, March 12, 2001 2:32 PM To: cmiller@smud.org Subject: Calvin, Attached is a draft copy of our Master Firm Physical Gas Agreement. Please let me know what I can do to help facilitate the process required to get this in place. Thanks, Kim (See attached file: SMUD_enfolio_draft1_Mar_12.doc)