Message-ID: <1215955.1075859990207.JavaMail.evans@thyme>
Date: Tue, 14 Mar 2000 16:29:00 -0800 (PST)
From: david.forster@enron.com
To: mark.taylor@enron.com
Subject: Re: Please could you inform me of all the discussions we are having
 with companies on the ETA / PA changes
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Mark,

Copy of language I suggested to Edmund to avoid reference to manifest error=
.

Please let me know what you think.

Thanks,

Dave
---------------------- Forwarded by David Forster/LON/ECT on 03/15/2000 12:=
23=20
AM ---------------------------


David Forster
03/15/2000 12:28 AM
To: Edmund Cooper/LON/ECT@ECT
cc: =20

Subject: Re: Please could you inform me of all the discussions we are havin=
g=20
with companies on the ETA / PA changes =20


Edmund,

How about this?

Please forward to me a copy of whatever you would like to send before you=
=20
send it.

Thanks,

Dave


Further to the recent queries you raised concerning the ETA, we can provide=
=20
you with the following comfort.  The final sentence of clause 2(d) prevents=
 a=20
Counterparty from claiming that the ETA has not been duly accepted or an=20
offer has not been validly made or that a transaction has not been validly=
=20
entered into solely by virtue of the electronic =01&click=018 method of sub=
mitting=20
offers or execution.=20

This same principle provides protection to you in that the only binding=20
transactions upon both yourselves and Enron are the ones in which certain=
=20
terms have been clicked upon by you and the same terms accepted by Enron=20
through the automated EnronOnline process. The system is designed to ensure=
=20
that the terms of the offer you submit are the only terms which can be=20
accepted by Enron. As a result, there have been no instances in which a=20
customer offered on one set of terms, but Enron accepted a different set of=
=20
terms.