Message-ID: <4458033.1075860069940.JavaMail.evans@thyme> Date: Wed, 15 Mar 2000 03:16:00 -0800 (PST) From: mark.taylor@enron.com To: david.forster@enron.com Subject: Re: Please could you inform me of all the discussions we are having with companies on the ETA / PA changes Mime-Version: 1.0 Content-Type: text/plain; charset=ANSI_X3.4-1968 Content-Transfer-Encoding: quoted-printable X-From: Mark Taylor X-To: David Forster X-cc: X-bcc: X-Folder: \Mark_Taylor _Dec_2000\Notes Folders\Sent X-Origin: Taylor-M X-FileName: mtaylor.nsf my comments made below ---------------------- Forwarded by Mark Taylor/HOU/ECT on 03/15/2000 10:52= =20 AM --------------------------- David Forster 03/14/2000 06:29 PM To: Mark Taylor/HOU/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 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 Counterparty from claiming that the ETA has not bee= n=20 duly accepted or an offer has not been validly made or that a transaction has not been validly entered into solely by virtue o= f=20 the electronic =01&click=018 method of submitting 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 terms have been clicked upon by you and the same terms=20 accepted by Enron through the automated EnronOnline process. The system is designed to ensure that BOTH PARTIES ARE BOUND BY the terms = of=20 the offer you submit are the only terms=20 which ARE can be accepted by Enron. As a result, there have been no instanc= es=20 in which a customer offered on one set of terms, but Enron accepted a different set of terms.