Message-ID: <1382619.1075842276970.JavaMail.evans@thyme> Date: Mon, 22 Jan 2001 05:30:00 -0800 (PST) From: dan.hyvl@enron.com To: gregg.penman@enron.com Subject: Enovate, L.L.C. Master Firm Purchase/Sale Agreement Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Dan J Hyvl X-To: Gregg Penman X-cc: X-bcc: X-Folder: \Dan_Hyvl_Dec2000_June2001\Notes Folders\Sent X-Origin: HYVL-D X-FileName: dhyvl.nsf Will this work for you. Let me know. ----- Forwarded by Dan J Hyvl/HOU/ECT on 01/22/2001 01:29 PM ----- Ellen_R_Dailey@reliantenergy.com 01/22/2001 01:25 PM To: dan.j.hyvl@enron.com cc: Subject: Enovate, L.L.C. Master Firm Purchase/Sale Agreement Dan: I have a dilemma and I'm almost too embarrassed to ask you to help me resolve it. As a matter of policy in this department, we are to stress the fact that we "need" "financially firm" language in all contracts. When the Trader requested a contract with Enovate, he was not clear about his trading intentions and it was assumed that "financially firm" "needed" to be in the contract. It seems that this language is now holding up the execution process of the Enovate LLC contract. The Business Unit wants "financially firm" out and "firm" substituted. The definition for "firm" that they want in the contract is the standard definition for "firm" that is in the GISB as follows: "Firm" shall mean that either party may interrupt its performance without liability only to the extent that such performance is prevented for reasons of Force Majeure; provided, however, that during Force Majeure interruptions, the party invoking Force Majeure may be responsible for any imbalance charges as set forth in Section 7.2 related to its interruption after the nomination is made to the Transporter and until the change in deliveries and/or receipts is confirmed by the Transporter. I believe the only other place in the contract that "Financially Firm" appears is on the first page, Article 2. SCOPE OF AGREEMENT:, second line, would you please change that occurrence of "Financially Firm" to just "firm"? Dan, can you help me with this without trashing the whole contract? On the first page, we can line through "Financially" and initial, and then just the definition page on the first page of APPENDIX "1" would have to be redone to replace "Financially Firm" with just "Firm". Please let me know if this is able to be done. Thanks and I'm so sorry, Ellen Dailey 713/207-3266