Message-ID: <12598519.1075842400678.JavaMail.evans@thyme> Date: Mon, 22 Jan 2001 06:14:00 -0800 (PST) From: debra.perlingiere@enron.com To: kimberlee.bennick@enron.com Subject: Mime-Version: 1.0 Content-Type: text/plain; charset=ANSI_X3.4-1968 Content-Transfer-Encoding: quoted-printable X-From: Debra Perlingiere X-To: Kimberlee A Bennick X-cc: X-bcc: X-Folder: \Debra_Perlingiere_Dec2000_June2001_2\Notes Folders\Sent X-Origin: PERLINGIERE-D X-FileName: dperlin.nsf =01&8.5 (i) Intrastate Warranted Gas. If the Delivery Point(s) for the= =20 Transaction are intrastate interconnections, (a) Seller represents and=20 warrants to Buyer that all Gas will have been produced within the State of= =20 Texas and will not have been commingled by Seller with other Gas prior to t= he=20 Delivery Point(s) which is or may be sold, consumed, transported or otherwi= se=20 utilized in interstate commerce in such manner which would subject Buyer=01= ,s=20 Transporter=01,s pipeline to the jurisdiction of the Federal Energy Regulat= ory=20 Commission or an successor authority under the Natural Gas Act of 1938 and= =20 (b) Buyer represents and warrants to Seller that none of the Gas will be=20 sold, consumed, transported or otherwise utilized outside the State of Texa= s=20 or delivered to another party which will subsequently sell, consume,=20 transport or otherwise use the Gas outside the State of Texas where such=20 event would subject Buyer=01,s Transporter=01,s pipeline, Seller=01,s pipel= ine, or any=20 portion of such pipelines to the jurisdiction of the Federal Energy=20 Regulatory Commission or any successor authority under the Natural Gas Act = of=20 1938. =20 Debra Perlingiere Enron North America Corp. Legal Department 1400 Smith Street, EB 3885 Houston, Texas 77002 dperlin@enron.com Phone 713-853-7658 Fax 713-646-3490