Enron Mail

From: peter.keohane@enron.com To: gerald.nemec@enron.com Subject: Clause 6 Cc: Bcc: Date: Thu, 15 Mar 2001 02:06:00 -0800 (PST) If X is not able to permanently assign or release the Capacity to ENA hereunder due to no fault of either Party, X shall maximize the value of the Capacity awarded to it and shall mitigate the demand charges associated with the Capacity or any unused portion of same, acting reasonably (the "Mitigated Recovery"), and in such case ENA shall make a compensating payment to X, within 30 days after the end of the Term, equal to the positive difference between the Tariff Rate less the amount of the Mitigated Recovery.