Message-ID: <22703067.1075858560924.JavaMail.evans@thyme> Date: Thu, 13 Sep 2001 06:27:10 -0700 (PDT) From: ellen.wallumrod@enron.com To: gerald.nemec@enron.com Subject: FW: W&T Offshore and Spinnaker Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Wallumrod, Ellen X-To: Nemec, Gerald X-cc: X-bcc: X-Folder: \Nemec, Gerald (Non-Privileged)\Nemec, Gerald\Inbox X-Origin: Nemec-G X-FileName: Nemec, Gerald (Non-Privileged).pst Morning Gerald, Do you have any language we can use for the below ? We have about 27 confirms pending - waiting for this language for September delivery. Please let me know if there is anything I can do. Regards, Ellen -----Original Message----- From: Thorne, Judy Sent: Friday, August 31, 2001 1:13 PM To: Nemec, Gerald; Wallumrod, Ellen Cc: Ferries, Nelson; Grass, John Subject: W&T Offshore and Spinnaker Gerald, After talking with Nelson Ferries about two of his counterparties, I have found that the standard Tolerance/Keep Whole language that is now in our ENA Upstream confimation will not cover the negotiated Keep Whole for these counterparties. Nelson has negotiated a Keep Whole arrangement that takes effect whether the counterparty notifies us or not. The tolerance for their swing is 10% and the pricing is based on Gas Daily Mid. He has worded the Keep Whole on his deal tickets as follows: "Volumes deliverd in excess of 10% of the FOM nom shall be prived at the applicable Gas Daily Report, Midpoint price. Volumes delivered below 10% of the FOM nom shall be kept whole at the applicable Gas Daily Mid-point up to the agreed tolerance level of 10%." These deals are monthly deals that are done every month and will need this language in them every month. Please let me know how you would like to handle including of this special language in the confirmations. Thanks, Judy