Message-ID: <5220824.1075842406772.JavaMail.evans@thyme> Date: Tue, 6 Mar 2001 08:38:00 -0800 (PST) From: debra.perlingiere@enron.com To: dan.hyvl@enron.com Subject: Enron/NEGM GISB Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Debra Perlingiere X-To: Dan J Hyvl X-cc: X-bcc: X-Folder: \Debra_Perlingiere_Dec2000_June2001_2\Notes Folders\Sent X-Origin: PERLINGIERE-D X-FileName: dperlin.nsf 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 ----- Forwarded by Debra Perlingiere/HOU/ECT on 03/06/2001 04:38 PM ----- "Webb, Beth" 03/06/2001 11:19 AM To: "'dperlin@enron.com'" cc: Subject: Enron/NEGM GISB Dear Debra: As promised, here is a redraft of the language on the force majeure point: "Enron recognizes that, when NEGM is acting as Buyer hereunder, NEGM is purchasing gas on behalf of certain gas companies (the "Repurchasers") to whom it immediately resells such gas at the Delivery Point(s). In addition to any other circumstances for which NEGM is entitled to claim force majeure pursuant to this Contarct, Enron agrees that NEGM as Buyer shall be entitled to claim force majeure if a Repurchaser purchasing gas from NEGM is unable to take delivery or transport gas from the Delivery Point(s) as a result of an event of force majeure. The parties further agree that the term "Transporter" when used in this Contract, including, but not limited to, in Sections 4.1. and 11.1, shall include any company acting in the capacity of a transporter for any Repurchaser and agree that Section 4.3 of the Contract will apply to invoices from such Transporters for Imbalance Charges received from such Transporters to the same extent as if such invoices were received by NEGM, provided that any such Repurchaser scheduled and nominated the same volumes as Enron and NEGM scheduled and nominated on behalf of such Repurchaser at the Delivery Point(s)." Hopefully this reflects our discussions of yesterday and today. Best regards, Beth ============================================================================Th is e-mail message and any attached files are confidential and are intended solely for the use of the addressee(s) named above. This communication may contain material protected by attorney-client, work product, or other privileges. If you are not the intended recipient or person responsible for delivering this confidential communication to the intended recipient, you have received this communication in error, and any review, use, dissemination, forwarding, printing, copying, or other distribution of this e-mail message and any attached files is strictly prohibited. If you have received this confidential communication in error, please notify the sender immediately by reply e-mail message and permanently delete the original message. To reply to our email administrator directly, send an email to postmaster@dsmo.com Dickstein Shapiro Morin & Oshinsky LLP http://www.legalinnovators.com