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Spoke with Steve about the swap question. He wants to talk with you about
this before circling back to Knippa. If you don't hear from him, and want to call him, his # is 281-350-8441. Re. TW's exposure if we authorize ECS to lock in too early: If TW defaults under the CSA, it must hold ECS harmless with regard to expenses incurred by ECS in the assignment of the electric supply agreement and pay ECS whatever is owed under the agreement. No other specific damages are addressed, and the agreement specifically prohibits the recovery of consequential, incidental or indirect losses or damages. (Section 9.2 provides for reimbursement for ECS's reasonable costs in providing Compression Services, but only in the event TW uses its FERC out.) The Gas Conversion Agreement provides for termination of the agreement in the event of default by TW under the CSA, and obligates TW to reimburse ECS for ECS's costs and expenses incurred in unwinding the forward sale of natural gas volumes to be delivered to ECS under the agreement. Other questions -- let me know.
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