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Enron Mail |
Herd cats. That's what we do.
I've just tightened up FM a little. I'm trying to make it easy to=20 understand. By the way, we don't suspend O & M, so I guess they still have = to=20 pay it. 10.1 Force Majeure. If either Party is rendered unable by Force Majeure to= =20 carry out, in whole or part, its obligations under this Agreement and such= =20 Party gives notice and full details of the event to the other Party as soon= =20 as practicable after the occurrence of the event, then during the period of= =20 such Force Majeure but for no longer period, the obligations of the Party= =20 affected by the event (other than the obligation to make payments, other th= an=20 the Demand Charges under the circumstances described in Section 10.2) shall= =20 be suspended to the extent required. Without limiting the foregoing, any= =20 hours during which Seller is unable to deliver the Scheduled Energy by Buye= r=20 due to an event of Force Majeure shall not be included as hours during whic= h=20 Seller has failed to deliver Energy for the purpose of determining the Forc= ed=20 Outage Rate under Section 4.6. The Party affected by the Force Majeure shal= l=20 remedy the Force Majeure with all reasonable dispatch; provided, however,= =20 that this provision shall not require Seller or Buyer to (i) settle any=20 strikes or other labor disputes or (ii) deliver or receive Energy at points= =20 other than the Delivery Points. 10.2 Effect of Force Majeure. In the event of a Force Majeure event=20 affecting Seller=01,s ability to Deliver Scheduled Energy from the Facility= , the=20 following shall occur: =20 (a) Seller shall as soon as reasonably practicable use commercially=20 reasonable efforts to fulfill its obligations to deliver Scheduled Energy= =20 from Market Sources until notice is provided pursuant to Section 10.2(b)=20 below. (b) Not later than ten (10) Days following the onset of the Force Majeure= =20 event, Seller shall issue a notice to Buyer (i) stating that Seller will=20 continue to fulfill its obligations to Buyer hereunder from Market Sources= =20 until the Force Majeure event is terminated or overcome, or (ii) declaring= =20 Force Majeure, and stating its intention to not serve from Market Sources. = =20 © If the Seller declares Force Majeure under Section 10.2 (b) (ii), Buyer= =01,s=20 responsibility for paying the Demand Charge shall be suspended until Seller= =20 has notified Buyer that Seller is ready to resume the delivery of Energy, a= t=20 which time Buyer shall incur liablility for Demand Charges from that date= =20 forward. The date that Buyer=01,s obligation to pay Demand Charges will be= =20 suspended shall be determined in accordance with Section 10.2. (d). The=20 Demand Charge will be prorated on a daily basis during the period that Buye= r=01, s obligation is suspended in accordance with this Article. (d) If Buyer does not Schedule Energy during the ten (10) day evaluation=20 period and Seller declares Force Majuere under Section 10.2 (b) (ii), then= =20 Buyer=01,s relief of the obligation to pay the Demand Charge shall commence= as=20 of the date of the Force Majeure event. If, during the ten (10) day=20 evaluation period referenced above, Buyer Schedules Energy and Seller=20 continues to Deliver Energy, but then declares Force Majeure, Buyer=01,s re= lief=20 from the obligation to pay the Demand Charge shall commence on the date of= =20 the declaration of Force Majeure and not on the date of onset of the Force= =20 Majeure event. If, during the ten (10) day evaluation period Buyer Schedul= es=20 Energy and Seller initially Delivers Energy but subsequently fails to=20 Deliver, Buyer shall be relieved of the obligation to pay the Demand Charge= =20 from the date Seller fails to Deliver Energy, and not on the date of onset = of=20 the Force Majeure event. Such relief from the Demand Charge shall be=20 computed on a daily basis. =20 In the event of a Force Majeure affecting Buyer=01,s ability to receive Ene= rgy=20 from Seller, payment of the Demand Charge shall continue. Heather Kroll@ECT 09/20/2000 02:01 PM To: Kay Mann/Corp/Enron@ENRON cc: =20 Subject: Re: PPA =20 Sorry. Don't mean to put pressure on you. Just trying to manage Dutch and= =20 Co. =20 =09 =09 =09From: Kay Mann @ ENRON 09/20/2000 01:46 PM =09 To: Heather Kroll/HOU/ECT@ECT cc: =20 Subject: Re: PPA =20 I'm working as fast as I can. Things connect together, so it takes a littl= e=20 while. I think I'm about done with the hard stuff. Heather Kroll@ECT 09/20/2000 01:20 PM To: Kay Mann/Corp/Enron@Enron cc: =20 Subject: Re: PPA Kay, What's the skinny with the doc? The natives are getting restless. Heather ---------------------- Forwarded by Heather Kroll/HOU/ECT on 09/20/2000 01:= 19=20 PM --------------------------- Gary_Edwards@dom.com on 09/20/2000 12:10:51 PM To: Heather.Kroll@enron.com cc: =20 Subject: Re: PPA Came by my office on the way to another meeting. Still no document.
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