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Enron Mail |
Vonda,=20
These are the changes that Enron Legal would like you to consider. Please = review and let me know if these changes are acceptable. These changes would= be be inserted and would replace the sections under Demand Charge, Transac= tion Default Price, Reference Price and Flexible Pricing. I know.......let me know what you think.=20 Thanks Demand Charge for Physical Call Option Buyer shall pay Seller $0.03 per MMBtu multiplied by the FMDQ, plus fuel, m= ultiplied by the number of days in the Month of Delivery. Daily Pricing for Physical for Physical Call Option =20 Daily Pricing means the "Daily Midpoint" price set forth in Gas Daily Platts, a division of The McGraw-Hill Companies, or successor publication,= in the column "Daily Price Survey" under the listing applicable to the geo= graphic location closest in proximity to the Delivery Point(s) for the rele= vant gas day. If there is no single "Daily Midpoint" price published for t= hat particular Gas Day, but there is published a "Common" range of prices u= nder the above column and listing, then the Spot Price shall be the average= of such "Common" high and low prices. In the event that no 'Daily Midpoin= t" price or "Common" range of prices is published for that particular Gas D= ay, then the Spot Price shall be the average of the following: the price (d= etermined as stated above) for each of the first Gas Day immediately preced= ing and following the Gas Day in which the default occurred for which a Spo= t Price can be determined. FLEXIBLE PRICING: During the Period of Delivery for a Transaction, Customer= may request a price other than the original Contract Price, being a Fixed = Price or (each below defined) by contacting Company during Pricing Hours re= questing any such price for a specified quantity of Gas to be Scheduled dur= ing selected Months within the Period of Delivery; provided, such request m= ust be made prior to 12:00 noon C.T. of the last Business Day prior to the = last trading Day of the NYMEX Gas futures contract for the selected Month. = A Confirmation may be sent by Company to Customer confirming the Flexible = Pricing agreement in accordance with Exhibit "A" "Fixed Price" means a fixe= d dollar amount agreed to by the Parties. The price for all Gas for which = a Flexible Price has not been agreed by the Parties shall be the original C= ontract Price applicable to the Transaction. "Notwithstanding anything to = the contrary contained in this Confirmation or the GTC, upon Customer's acc= eptance of Fixed Price, Customer shall keep whole and hold Company harmless= for all cost and expenses incurred by Company with respect to the quantity= of Gas that is converted into a Fixed Price, in the event that such quanti= ty of Gas is not Scheduled by Customer for any reasons, including without l= imitation events of Force Majeure.
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