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---------------------- Forwarded by Kay Mann/Corp/Enron on 09/19/2000 05:13 PM --------------------------- "David Parr" <dparr@bracepatt.com< on 09/19/2000 05:12:46 PM To: <kay.mann@enron.com< cc: "Nancy Wodka" <nwodka@bracepatt.com< Subject: Contractually Limiting Liability under Virginia Law Kay: Nancy Wodka asked me to research whether parties to a contract governed by Virginia law may negotiate to limit their liability under such contract. The answer is yes. Because the parties (within broad parameters) can make just about whatever law they like so long as it doesn't violate public policy, etc., Virginia freely allows limitation of liability clauses. Of course, in the case of fraud or material misrepresentation in inducement, etc., no court would honor the clause, but that circumstance does not apply to us. Please let me know if you need anything further. David D. David Parr, Jr., Esq. Bracewell & Patterson, L.L.P. 2000 K Street NW, Suite 500 Washington, D.C. 20006-1872 202-828-5800 Telephone 202-857-2122 Facsimile
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