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Enron Mail |
Deal No. Q44767.1
Does this letter look okay. Our legal department in Calgary does not do=20 financial termination letters. I got a copy of this from Joe Hunter. Thanks, Cindy =09Enron Canada Corp. =093500 Canterra Tower =09400 Third Avenue S.W. =09Calgary; Alberta, Canada =09T2P 4H2 =09Phone (403) 974-6700 =20 =09Fax (403) 974-6706=09 TERMINATION AGREEMENT NK7821.1 This TERMINATION AGREEMENT, dated as of October 17, 2000 (the "Agreement")= =20 is entered into between Enron Canada Corp. (=01&ECC=018) and Due West Resou= rces=20 Inc. ("Counterparty")=20 W I T N E S S E T H WHEREAS, ECC and Counterparty entered into a[n] Agreement (together with th= e=20 General Terms and Conditions of Confirmation as set forth in Annex A and an= y=20 other attachments hereto, collectively the =01&Confirmation=018) dated as o= f=20 October 17, 2000 WHEREAS, ECC and Counterparty have entered into Contract No.NK7821.1 dated= =20 May 31,, 2000 (the =01&Transaction=018); and WHEREAS, ECC and Counterparty desire to terminate the Transaction. =20 NOW, THEREFORE, in consideration of the premises and of the mutual=20 agreements herein contained, the parties hereto agree as follows: 1. Termination and Release. As of and from October 17, 2000 (the=20 =01&Termination Date=018), the Transaction shall be terminated, and once th= e=20 Termination Fee is paid, both ENA and Counterparty shall be fully released= =20 from all rights, duties and obligations under the Transaction. 2. Termination Consideration. In consideration for such Termination and=20 Release, ECC and Counterparty agree to enter into Transaction number=20 Q44767.18.1 as attached hereto. 3. Representation. Each party hereby represents and warrants to the other= s=20 that the execution, delivery and performance hereof by it are within its=20 corporate powers, and have been duly authorized by all necessary corporate = or=20 other action and that this Agreement constitutes its legal, valid and bindi= ng=20 obligation. 4. Governing Law. This Agreement shall be governed by and construed in=20 accordance with the laws of the State of Texas. 5. Counterparts. This Agreement may be executed in any number of=20 counterparts, each of which shall be deemed an original IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of= =20 the date first above written. ENRON NORTH AMERICA CORP. By:_________________________________ Name:_______________________________ Title:________________________________ [COUNTERPARTY] By:_________________________________ Name:_______________________________ Title:________________________________
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