Re: Consequential damages

When we were part of Julia's group, waivers of consequentials in CA's were
not standard. I don't know if this was due to an ENA policy (doubtful).

If we are the one giving important information, we shouldn't want to waive
it automatically, because consequentials will be the most likely result of
the other party's breach. Therefore, in unilateral agreements where we are
giving the info, I wouldn't want the waiver. In the reciprocals it would
depend on the circumstance. If the other party is doing most of the sharing,
I would want it.

What say you, Carlos?

Kay

From: Kathleen Carnahan 04/10/2001 03:24 PM

To: Carlos Sole/NA/Enron@Enron, Kay Mann/Corp/Enron@Enron
cc:

Subject: Consequential damages

I am going to add this to our forms of CA's, okay?

Neither party shall be liable or have any responsibility to the other party
for any indirect, special, consequential, punitive or other delay-related or
performance-related damages including, without limitation, lost earnings,
production or profits allegedly caused by any claim or action, whether it is
based in whole or in part on contract, negligence, strict liability, tort,
statutory or any other theory of liability.

K-