Message-ID: <30165133.1075842246142.JavaMail.evans@thyme>
Date: Tue, 22 May 2001 03:53:00 -0700 (PDT)
From: dan.hyvl@enron.com
To: debra.perlingiere@enron.com
Subject: Re: Ogle
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Okay, I think, can you red line against the previous wording?



=09Debra Perlingiere
=0905/22/2001 10:39 AM
=09=09=20
=09=09 To: Dan J Hyvl/HOU/ECT@ECT
=09=09 cc:=20
=09=09 Subject: Ogle

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