Message-ID: <12266135.1075842407691.JavaMail.evans@thyme> Date: Mon, 12 Mar 2001 06:51:00 -0800 (PST) From: debra.perlingiere@enron.com To: dan.hyvl@enron.com Subject: RE: Enron/GISB Contract 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 Please see below. 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 03/12/2001 02:51 PM ----- "Webb, Beth" 03/09/2001 09:14 AM To: "'Debra.Perlingiere@enron.com'" cc: Subject: RE: Enron/GISB Contract Debra, I think this just takes us back to your Feb. 22 proposal. Since the second sentence seems to be somewhat problematic for Enron, we will withdraw our request for that sentence. My only other change would be that the ".1" appearing after the "4" and the "11" in the last sentence should also be deleted. Hopefully this will resolve the issue. Best regards, Beth -----Original Message----- From: Debra.Perlingiere@enron.com [mailto:Debra.Perlingiere@enron.com] Sent: Thursday, March 08, 2001 5:33 PM To: WebbB@dsmo.com Subject: Re: Enron/GISB Contract Beth, We will agree to this version with the following changes: "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 of gas as a result of an event of force majeure at such Delivery Point)s). 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)." Please let me have your thoughts. Regards, 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 ============================================================================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