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Enron Mail |
Jim, if we delete current Section 4.3, then we would like to reinsert the
"negligence" clauses in Section 4.2 (I don't remember how they got negotiated out in the first place). So it would read: 4.2 a. TW shall release, protect, indemnify, defend and hold harmless EPFS, its affiliated companies and officers, directors, employees, and agents and servants, contractors and subcontractors ("Indemnified Party" or "Indemnified Parties") from and against that portion of the liabilities, losses, claims, damages, penalties, causes of action, suits (including suits for personal injuries or death or property damage and including reasonable attorneys' fees and expenses) caused or contributed to by the negligence of TW or its agent(s) arising out of or in connection with its obligations under the terms of this Agreement. b. EPFS shall release, protect, indemnify, defend and hold harmless TW and its Indemnified Parties from and against that portion of the liabilities, losses, claims, damages, penalties, causes of action, suits (including suits for personal injuries or death or property damage and including reasonable attorneys' fees and expenses) caused or contributed to by the negligence of EPFS or its agent(s) arising out of or in connection with its obligations under the terms of this Agreement. c. [same as current version] d. [same as current version] "Wright, Jim (Legal)" <WrightJ.legal@epenergy.com< on 09/29/2000 04:07:36 PM To: "'Susan.Scott@enron.com'" <Susan.Scott@enron.com< cc: "Aucoin, Darin" <AucoinD@EPEnergy.com< Subject: TW/EPFS Interconnect Agmt Susan- See what you think of using the following in Section 4.2 and deleting Section 4.3 in its entirety and replacing it with the below: Section 4.2 a. TW shall release, protect, indemnify, defend, and hold harmless EPFS, its affiliated companies and officers, directors, employees, agents and servants, contractors and subcontractors ("Indemnified Party" or "Indemnified Parties") from and against any and all liabilities, claims, damages, penalties, causes of action, suits (including suits for personal injuries or death or property damage and including reasonable attorney's fees and expenses) in any way directly or indirectly arising out of or in connection with TW's performance of its obligations under the terms of this Agreement. b. EPFS shall release, protect, indemnify, defend, and hold harmless TW and its Indemnified from and against any and all liabilities, claims, damages, penalties, causes of action, suits (including suits for personal injuries or death or property damage and including reasonable attorney's fees and expenses) in any way directly or indirectly arising out of or in connection with TW's performance of its obligations under the terms of this Agreement. Section 4.3 In no event shall either party be responsible for the gross negligence or wilfull misconduct of the other party or their Indemnified Parties. ****************************************************************** This email and any files transmitted with it from El Paso Energy Corporation are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the sender. ******************************************************************
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