Mark,

Copy of language I suggested to Edmund to avoid reference to manifest error.

Please let me know what you think.

Thanks,

Dave
---------------------- Forwarded by David Forster/LON/ECT on 03/15/2000 12:23 
AM ---------------------------


David Forster
03/15/2000 12:28 AM
To: Edmund Cooper/LON/ECT@ECT
cc:  

Subject: Re: Please could you inform me of all the discussions we are having 
with companies on the ETA / PA changes  


Edmund,

How about this?

Please forward to me a copy of whatever you would like to send before you 
send it.

Thanks,

Dave


Further to the recent queries you raised concerning the ETA, we can provide 
you with the following comfort.  The final sentence of clause 2(d) prevents a 
Counterparty from claiming that the ETA has not been duly accepted or an 
offer has not been validly made or that a transaction has not been validly 
entered into solely by virtue of the electronic &click8 method of submitting 
offers or execution. 

This same principle provides protection to you in that the only binding 
transactions upon both yourselves and Enron are the ones in which certain 
terms have been clicked upon by you and the same terms accepted by Enron 
through the automated EnronOnline process. The system is designed to ensure 
that the terms of the offer you submit are the only terms which can be 
accepted by Enron. As a result, there have been no instances in which a 
customer offered on one set of terms, but Enron accepted a different set of 
terms.