Message-ID: <27505793.1075842230135.JavaMail.evans@thyme> Date: Fri, 5 Jan 2001 06:42:00 -0800 (PST) From: lee.papayoti@enron.com To: dan.hyvl@enron.com Subject: Status of Natural Gas Contract - Engelhard Mime-Version: 1.0 Content-Type: text/plain; charset=ANSI_X3.4-1968 Content-Transfer-Encoding: 7bit X-From: Lee L Papayoti X-To: Dan J Hyvl X-cc: X-bcc: X-Folder: \Dan_Hyvl_Dec2000_June2001\Notes Folders\All documents X-Origin: HYVL-D X-FileName: dhyvl.nsf Dan I've had some feedback .... take a look at this .... changes look OK to me, particularly the second one!! They're the ones who wanted it in the first place ... Lee ---------------------- Forwarded by Lee L Papayoti/HOU/ECT on 01/05/2001 02:35 PM --------------------------- Karen K Gruber on 01/05/2001 02:20:45 PM To: "Lee Papayoti (E-mail)" cc: Subject: Status of Natural Gas Contract - Engelhard We are finally nearing the end of the review. I am currently demanding a final response from our legal beagles on the indemnification issue since the two cannot come to an agreement so far.? As for the rest of the agreement, here are two changes that we discussed earlier on the phone: ADD the following sentence at the end of the first paragraph in Enfolio Master Firm Purchase/Sale Agreement?? "This agreement and all other transactions are for sales of gas to the Engelhard Corporation Pasadena, Texas location only." DELETE the second sentence that was added in the Daily Contract Quantity (DCQ) section on the Transaction agreement.?? (Seller acknowledges and agrees that the provisions of Section 3.4 of the ENFOLIO Master Firm Purchase/Sale Agreement shall not apply so long as Buyer purchases the DCQ from Seller under the pricing terms provided below.)?? Our lawyers found this confusing. I apologize for our late response.? Hope you had an enjoyable holiday. Best regards Karen Gruber Engelhard Corporation