Pilot Program Subscriber Agreement

Mark please see attached agreement
---------------------- Forwarded by Bob Shults/HOU/ECT on 09/06/2000 09:38 AM
---------------------------
From: David Mims@ENRON COMMUNICATIONS on 09/05/2000 11:25 AM
To: Andy Zipper/Corp/Enron@ENRON, Bob Shults/HOU/ECT@ECT
cc:
Subject: Pilot Program Subscriber Agreement

Andy and Bob-

Please see the attached draft of the subscriber agreement. Legal is making
some minor modifications to the agreement (typos, etc.), but I wanted you to
have the opportunity to review the agreement in the meantime.

You will notice that it is a binding agreement between EBS and the
Counterparties. What EBS askes the counterparties to commit is essentially
that they will support the connection and router that they own in accordance
with the way that we have engineered the service, and that if they make
changes to their network, they will advise us so that we can evaluate the
need for any modifications to the setup. Since we are obligated to provide a
minimum level of service and a redundant service to the best of our ability,
we have to get some commitment from the counterparties in this regard to
ensure performance. The agreement furthermore specifies an interconnection
order with facility authorization for EBS or its designate to install
circuits. The counterparty technical contact should be expecting this
language.

Meanwhile, we have ordered circuits as we have discussed and are moving down
the list of counterparties that have indicated a desire to participate to
determine customer-specific network configurations. Felix Perez is the
Network Engineer contacting the counterparties (indeed, due to his background
in Houston, he knows a lot of the technical contacts!), and we also have a
Sales Engineer supporting this effort. As Felix determines the requirements,
he generates configuration specifications and diagrams, if necessary, which
are sent to the counterparty.

Please let me know your comments on the agreement, if any.

Thanks,

David Mims