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Enron Mail |
ATTORNEY CLIENT PRIVILEGED COMMUNICATION
Below is the proposed "7/7" and early termination language for the current = CA contract push. Please review and provide me any feedback. This languag= e is the same as what we used in late June, with the exception that the ter= mination date is 8-27 at 1:00 pm. One concern I have that we need to work = through: In June our termination date was after the CPUC meeting but befor= e the date we believed DA would end. Recall that this changed upon the CPU= C delay. Here, it sounds like 8-23 is both the date of the meeting and the= date DA could end (in fact, it might even end as of some retroactive date)= . Thus, we have some increased risk that a regulator could decide that our= contract was not effective before the 23rd because of the termination righ= t.=20 It is my understanding that we are pricing new CA deals off the master betw= een now and 8-23, with the inclusion of this language. There is a list of = about 10 prospects that Lamar will be circulating later today. =20 Please send me any comments or questions. MDS =09=09 TERMINATION FOR FAILURE TO OBTAIN DIRECT ACCESS SERVICE:=09Notwithstanding = anything in the Agreement to the contrary, if, during the first 7 Business = Days after this Transaction is effective, (i) we have not received notifica= tion from the applicable Utility that a direct access service request submi= tted by us with respect to any Account has been accepted by the Utility; or= (ii) a Change in Law occurs which prevents, or would be reasonably likely = to prevent, us from transferring any Account to direct access service, we m= ay terminate this Transaction as to any Account that we are unable to trans= fer to direct access service. Such termination will be effective immediate= ly upon written notice to you, and neither Party shall incur any liability = to the other Party as result of termination under this provision, including= the payment of an Early Termination Payment. In the case of a termination= under this provision, any Account(s) so terminated will be deleted from Sc= hedule 1, and this Transaction will remain in full force and effect for any= Account(s) not so terminated. We may elect to extend the 7 Business Day pe= riod set forth above for up to an additional 7 Business Days upon written n= otice to you within such initial 7 Business Day period. Any notice under th= is provision shall be by facsimile or electronic mail and will be deemed to= be received when transmitted.=09 =09=09 EESI EARLY TERMINATION:=09Notwithstanding anything in the Agreement to the = contrary, at any time during the period between the date this Transaction i= s effective and 1:00 p.m., Central Time, on August 27, 2001, we may termina= te this Transaction for any reason by written notice to you. Such terminat= ion will be effective immediately upon such written notice, and neither Par= ty shall incur any liability to the other Party as a result of termination = under this provision, including the payment of an Early Termination Payment= . Any notice provided under this provision shall be made by facsimile or e= lectronic mail and shall be deemed received when transmitted.=09 =09=09
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