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Enron Mail |
Sandra,
In response to your comments: Section 11.1 We cannot agree to the use of GISB's force majeure language. Section 13.9 We will agree to suggested changes. Finally, warranty language would also need to be included in the GISB. Please let me know how you would like to proceed. Regards, 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 "Wehner, Sandra (SL)" <swehner@dow.com< 02/14/2001 01:49 PM To: "'Debra.Perlingiere@enron.com'" <Debra.Perlingiere@enron.com< cc: Subject: FW: GISB We have reviewed your special provisions and request the following: Section 11.1 We feel the GISB language is adequate; please delete HPL's Section 11.1 special provision. Section 13.9 In the fourth line change "designate an arbitrator, who need not be neutral" to "designate a neutral arbitrator". If you are agreeable to Dow's requested changes, please send either by e-mail or mail originals for signature. If you have any questions, please give me a call. Thanks. Sandra Wehner Contract Administrator 713-978-3667 (phone) 713-978-3690 (fax) e-mail: swehner@dow.com -----Original Message----- From: Debra.Perlingiere@enron.com [mailto:Debra.Perlingiere@enron.com] Sent: Wednesday, February 07, 2001 1:01 PM To: swehner@dow.com Subject: GISB Further to our conversation, please see the attached Special Provisions and Warranty for the HPL GISB. (See attached file: ENA Special Provisions revised GISB.doc) Section 8.5 is added as a new section under Section 8 -Title, Warranty and Indemnity, as follows: "8.5 (i) Intrastate Warranted Gas. If the Delivery Point(s) for the Transaction are intrastate interconnections, (a) Seller represents and warrants to Buyer that all Gas will have been produced within the State of Texas and will not have been commingled by Seller with other Gas prior to the Delivery Point(s) which is or may be sold, consumed, transported or otherwise utilized in interstate commerce in such manner which would subject Buyer's Transporter's pipeline to the jurisdiction of the Federal Energy Regulatory Commission or an successor authority under the Natural Gas Act of 1938 and (b) Buyer represents and warrants to Seller that none of the Gas will be sold, consumed, transported or otherwise utilized outside the State of Texas or delivered to another party which will subsequently sell, consume, transport or otherwise use the Gas outside the State of Texas where such event would subject Buyer's Transporter's pipeline, Seller's pipeline, or any portion of such pipelines to the jurisdiction of the Federal Energy Regulatory Commission or any successor authority under the Natural Gas Act of 1938. Upon your review, please give me a call to further discuss same. Regards, 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 - ENA Special Provisions revised GISB.doc
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