Sample Enfolio Contract Form Attached

Dave,
I have attached the above sample form for your review. I have been unable
to find any documentation where we act as an agent for the shipper and
contractually agree to remarket their unused capacity. As soon as I find
some language, I will forward same to you. As we discussed, the major
concerns that I have concerning the Energy Marketing Services Agreement form
that Kaiser provided relates to the duties of the Marketer thereunder. ENA
is in the business of buying and selling natural gas for its own account and
as such any services it agreed to provide relating to most of the items under
Articles III and IV would be subject to claims of abuse or violation of
fiduciary duties. Specifically, ENA should not agree to perform the items
under Article IV, Section A. Parts 1-8, 11; Article IV, Section B.
Parts1-2, 4, 6; Article IV, Sections C, E, and F. Otherwise, ENA sales
obligations should be patterned in the manner set forth in the Enfolio
Contract which provides safeguards for both parties in the event of a default
by either.
Therefore, we need to work from our Enfolio contract and I will get you some
agency language for the confirm to address how we would share any
transportation savings that we were able to obtain for them during the term
of our sales transaction with them.
Please call me after you have had a chance to review the contract.