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Mark:
This is the e-mail where DF objected to my proposed termination rights language that I would like to talk to you about so that we can come up with some language that I can use for those parties whom we have agreed have the right to terminate. Could you please stop by when you have some time? Carol ----- Forwarded by Carol St Clair/HOU/ECT on 05/11/2000 10:24 AM ----- David Forster@ENRON 04/28/2000 06:05 PM To: Carol St Clair/HOU/ECT@ECT cc: Subject: Re: kennecott I don't like specifying a time period for termination. I remember we had a lengthy discussion on this with Mark Taylor. I seem to recall that the solution was that we would employ resonable efforts to process the termination request (please confirm with Mark). I don't think they will be happy with three days. Dave Carol St Clair@ECT 04/28/2000 01:35 PM To: David Forster/Corp/Enron@Enron cc: Mark Taylor/HOU/ECT@ECT Subject: kennecott David: Here is a draft of the ETA amendment letter that we have been discussing with Kennecott. It includes my proposed modifications to deal with giving them the termination right which I have highlighted. The current ETA states that all notices become effective immediately. I have inserted in my language a 3 day period after we receive a termination notice before it becomes effective. This creates a difference between Us and our Counterparty's since our termination notice would become effective immediately. What do you think? Do we need this 3 day period or are you okay with having their termination notice becoming effective on the date of our receipt? Carol
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