Message-ID: <7943285.1075859984802.JavaMail.evans@thyme> Date: Tue, 8 Feb 2000 03:45:00 -0800 (PST) From: carol.clair@enron.com To: louise.kitchen@enron.com, mark.taylor@enron.com Subject: Termination Language for ETA and Password Application Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Carol St Clair X-To: Louise Kitchen, Mark Taylor X-cc: X-bcc: X-Folder: \Mark_Taylor _Dec_2000\Notes Folders\Notes inbox X-Origin: Taylor-M X-FileName: mtaylor.nsf Louise and mark: As I mentioned to you yesterday, a number of the online counterparties that I have spoken with have requested the right to terminate. Here is my suggested language to deal with this issue as a modification to Section 6(a) of the ETA and clause (1) of the Password Application: 1. Language modifying Section 6(a) of the ETA "... and shall remain in effect unless and until this Agreement is terminated (i) by Enron upon written notice to Counterparty, to take effect immediately, in accordance with Section 6(e) or (ii) by Counterparty upon written notice to Enron which is telecopied to Enron to ____________, Attention: _____________, to take effect by [5:00] pm (Houston time) on the day that is one (1) Business Day after Enron's receipt of such notice...." 2. Language modifying clause 1 of Password Application: ..., Enron will have no responsibility whatsoever for controlling or monitoring the use of such Passwords and no liability for any use of such Passwords until such time as Counterparty shall have notified Enron in writing (and such notice shall have become effective as provided below) that such Passwords should be denied access to the website and/or that a Password can no longer be used by Counterparty to enter into transactions on the website, such notice to be sent by Counterparty to ______________, Attention :______________, and to become effective at 5:00 pm (Houston time) on the day that is one (1) Business day after Enron's receipt of such notice, it being understood that Counterparty shall be liable for any transactions consummated on the website before such notice becomes effective. Please let me know what you think. Carol