Message-ID: <15875048.1075842220537.JavaMail.evans@thyme> Date: Tue, 10 Oct 2000 10:18:00 -0700 (PDT) From: dan.hyvl@enron.com To: dave.fuller@enron.com Subject: Sample Enfolio Contract Form Attached Cc: jeffrey.hodge@enron.com Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit Bcc: jeffrey.hodge@enron.com X-From: Dan J Hyvl X-To: Dave Fuller X-cc: Jeffrey T Hodge X-bcc: X-Folder: \Dan_Hyvl_Dec2000_June2001\Notes Folders\All documents X-Origin: HYVL-D X-FileName: dhyvl.nsf Dave, I have attached the above sample form for your review. I have been unable to find any documentation where we act as an agent for the shipper and contractually agree to remarket their unused capacity. As soon as I find some language, I will forward same to you. As we discussed, the major concerns that I have concerning the Energy Marketing Services Agreement form that Kaiser provided relates to the duties of the Marketer thereunder. ENA is in the business of buying and selling natural gas for its own account and as such any services it agreed to provide relating to most of the items under Articles III and IV would be subject to claims of abuse or violation of fiduciary duties. Specifically, ENA should not agree to perform the items under Article IV, Section A. Parts 1-8, 11; Article IV, Section B. Parts1-2, 4, 6; Article IV, Sections C, E, and F. Otherwise, ENA sales obligations should be patterned in the manner set forth in the Enfolio Contract which provides safeguards for both parties in the event of a default by either. Therefore, we need to work from our Enfolio contract and I will get you some agency language for the confirm to address how we would share any transportation savings that we were able to obtain for them during the term of our sales transaction with them. Please call me after you have had a chance to review the contract.