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Enron Mail |
Please look at the confirm and let me know if it is ok. I spoke with Mr.=
=20 Hall and we are good to go. June 1, 2001 This Confirmation shall confirm the Transaction agreed to on the date hereo= f=20 and binding between Greene Energy LLC ("Customer") and Enron North America= =20 Corp. ("Company") regarding the purchase and sale of gas pursuant to the=20 Enfolio Gas Purchase Agreement dated May 1, 2001 (the =01&Agreement=018). = Company=20 to purchase and receive (Buyer) and Customer to sell and deliver (Seller). TRANSACTION NUMBER: =20 DESIGNATED QUANTITY (IN MMBTUS): 100% of Seller's Daily Production=20 DELIVERYPOINT(S):ColumbiaGasTransmissionCorp.(AppalachiaW.Va.OhioKy.)=20 PERIOD OF DELIVERY: June 1, 2001 through June 30, 2001 CONTRACT PRICE (PER MMBTU): The Contract Price shall be the Daily Midpoint= =20 price published on each calendar day during the period of delivery under th= e=20 heading "Daily Price Survey" in the Appalachia - Columbia, App section of G= as=20 Daily, Less $.01 for 100% of daily production. This Confirmation is being provided pursuant to and in accordance with the= =20 ENFOLIO AGREEMENT and constitutes part of and is subject to all of the=20 provisions of the Agreement. Any objection of Customer to this Confirmatio= n=20 must be made by written notice to Company prior to the Confirm Deadline. Each party shall not disclose the terms of this transaction to a third part= y=20 (other than the party's and its affiliates' employees, lenders, counsel,=20 accountants or prospective purchasers of any rights under any Transactions= =20 who have agreed to keep such terms confidential) except in order to comply= =20 with any applicable law, order, regulation or exchange rule; provided, each= =20 party shall notify the other party of any proceeding of which it is aware= =20 which may result in disclosure and use reasonable efforts to prevent or lim= it=20 the disclosure. The provisions of the Agreement other than the terms of th= is=20 transaction are not subject to this confidentiality obligation. The partie= s=20 shall be entitled to all remedies available at law or in equity to enforce,= =20 or seek relief in connection with, this confidentiality obligation; provide= d,=20 all monetary damages shall be limited to actual direct damages. =01&CUSTOMER=018 =01&COMPANY=018 Greene Energy=20 LLC Enron Nor= th=20 America Corp. By:_____________________________ By:______________________________ Title:___________________________ Title:_____________________________ Debra Perlingiere Enron North America Corp. Legal Department 1400 Smith Street, EB 3885 Houston, Texas 77002 dperlin@enron.com Phone 713-853-7658 Fax 713-646-3490
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