Message-ID: <4250253.1075845938228.JavaMail.evans@thyme>
Date: Wed, 20 Sep 2000 04:39:00 -0700 (PDT)
From: kay.mann@enron.com
To: heather.kroll@enron.com, ozzie.pagan@enron.com
Subject: Everyone's favorite: VEPCO force m.
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How close did I get?

10.2 Effect of Force Majeure.  In the event of a Force Majeure event=20
affecting Seller=01,s ability to Deliver Scheduled Energy from the Facility=
, the=20
following shall occur: =20
(a) Seller shall as soon as reasonably practicable use commercially=20
reasonable efforts to fulfill its obligations to deliver Scheduled Energy=
=20
from Market Sources until notice is provided pursuant to Section 10.2(b)=20
below.  do we want to delete this?  Gary didn't seem to like it.
(b) Not later than ten (10) Days following the onset of the Force Majeure=
=20
event, Seller shall (i) issue a notice to Buyer stating whether Seller will=
=20
continue to fulfill its obligations to Buyer hereunder from Market Sources=
=20
until the Force Majeure event is terminated or (ii) declare Force Majeure a=
nd=20
relieve Buyer from its obligation to pay the Demand Charge during the time=
=20
that Seller is unable to meet its obligations hereunder, computed on a dail=
y=20
basis.  If Buyer does not Schedule Energy during the ten (10) day evaluatio=
n=20
period and Seller declares Force Majuere, then  Buyer=01,s relief of the=20
obligation to pay the Demand Charge shall commence as of the date of the=20
Force Majeure event.
(c) If, during the ten (10) day evaluation period referenced above, Buyer=
=20
Schedules Energy and Seller continues to Deliver Energy, but then declares=
=20
Force Majeure, Buyer=01,s relief from the obligation to pay the Demand Char=
ge=20
shall commence on the date of the declaration of Force Majeure and not on t=
he=20
date of onset of the Force Majeure event.  If, during the ten (10) day=20
evaluation period Buyer Schedules Energy and Seller initially Delivers Ener=
gy=20
but subsequently fails to Deliver, Buyer shall be relieved of the obligatio=
n=20
to pay the Demand Charge from the date Seller fails to Deliver Energy, and=
=20
not on the date of onset of the Force Majeure event.  Such relief from the=
=20
Demand Charge shall be computed on a daily basis. =20
In the event of a Force Majeure affecting Buyer=01,s ability to receive Ene=
rgy=20
from Seller, payment of the Demand Charge shall continue.
10.3 Termination Due to Force Majeure. If an event of Force Majeure continu=
es=20
in effect for twelve (12) consecutive Months, then the Party not declaring=
=20
Force Majeure may terminate this Agreement upon providing written notice of=
=20
such termination to the other Party (but if such event of Force  Majeure=20
terminates before any such termination notice is provided, then this=20
Agreement shall continue in full force and effect).