Herd cats.  That's what we do.

I've just tightened up FM a little.  I'm trying to make it easy to 
understand. By the way, we don't suspend O & M, so I guess they still have to 
pay it.


10.1 Force Majeure.  If either Party is rendered unable by Force Majeure to 
carry out, in whole or part, its obligations under this Agreement and such 
Party gives notice and full details of the event to the other Party as soon 
as practicable after the occurrence of the event, then during the period of 
such Force Majeure but for no longer period, the obligations of the Party 
affected by the event (other than the obligation to make payments, other than 
the Demand Charges under the circumstances described in Section 10.2) shall 
be suspended to the extent required.  Without limiting the foregoing, any 
hours during which Seller is unable to deliver the Scheduled Energy by Buyer 
due to an event of Force Majeure shall not be included as hours during which 
Seller has failed to deliver Energy for the purpose of determining the Forced 
Outage Rate under Section 4.6. The Party affected by the Force Majeure shall 
remedy the Force Majeure with all reasonable dispatch; provided, however, 
that this provision shall not require Seller or Buyer to (i) settle any 
strikes or other labor disputes or (ii) deliver or receive Energy at points 
other than the Delivery Points.
10.2 Effect of Force Majeure.  In the event of a Force Majeure event 
affecting Seller,s ability to Deliver Scheduled Energy from the Facility, the 
following shall occur:  
(a) Seller shall as soon as reasonably practicable use commercially 
reasonable efforts to fulfill its obligations to deliver Scheduled Energy 
from Market Sources until notice is provided pursuant to Section 10.2(b) 
below.
(b) Not later than ten (10) Days following the onset of the Force Majeure 
event, Seller shall issue a notice to Buyer (i) stating that Seller will 
continue to fulfill its obligations to Buyer hereunder from Market Sources 
until the Force Majeure event is terminated or overcome, or (ii) declaring 
Force Majeure, and stating its intention to not serve from Market Sources.  
(c) If the Seller declares Force Majeure under Section 10.2 (b) (ii), Buyer,s 
responsibility for paying the Demand Charge shall be suspended until Seller 
has notified Buyer that Seller is ready to resume the delivery of Energy, at 
which time Buyer shall incur liablility for Demand Charges from that date 
forward.  The date that Buyer,s obligation to pay Demand Charges will be 
suspended shall be determined in accordance with Section 10.2. (d).  The 
Demand Charge will be prorated on a daily basis during the period that Buyer,
s obligation is suspended in accordance with this Article.
(d) If Buyer does not Schedule Energy during the ten (10) day evaluation 
period and Seller declares Force Majuere under Section 10.2 (b) (ii), then 
Buyer,s relief of the obligation to pay the Demand Charge shall commence as 
of the date of the Force Majeure event. If, during the ten (10) day 
evaluation period referenced above, Buyer Schedules Energy and Seller 
continues to Deliver Energy, but then declares Force Majeure, Buyer,s relief 
from the obligation to pay the Demand Charge shall commence on the date of 
the declaration of Force Majeure and not on the date of onset of the Force 
Majeure event.  If, during the ten (10) day evaluation period Buyer Schedules 
Energy and Seller initially Delivers Energy but subsequently fails to 
Deliver, Buyer shall be relieved of the obligation to pay the Demand Charge 
from the date Seller fails to Deliver Energy, and not on the date of onset of 
the Force Majeure event.  Such relief from the Demand Charge shall be 
computed on a daily basis.  
In the event of a Force Majeure affecting Buyer,s ability to receive Energy 
from Seller, payment of the Demand Charge shall continue.






Heather Kroll@ECT
09/20/2000 02:01 PM
To: Kay Mann/Corp/Enron@ENRON
cc:  

Subject: Re: PPA  

Sorry.  Don't mean to put pressure on you.  Just trying to manage Dutch and 
Co.



   
	
	
	From:  Kay Mann @ ENRON                           09/20/2000 01:46 PM
	

To: Heather Kroll/HOU/ECT@ECT
cc:  
Subject: Re: PPA  

I'm working as fast as I can.  Things connect together, so it takes a little 
while.  I think I'm about done with the hard stuff.



Heather Kroll@ECT
09/20/2000 01:20 PM
To: Kay Mann/Corp/Enron@Enron
cc:  

Subject: Re: PPA

Kay,

What's the skinny with the doc?  The natives are getting restless.

Heather
---------------------- Forwarded by Heather Kroll/HOU/ECT on 09/20/2000 01:19 
PM ---------------------------


Gary_Edwards@dom.com on 09/20/2000 12:10:51 PM
To: Heather.Kroll@enron.com
cc:  
Subject: Re: PPA




Came by my office on the way to another meeting. Still no document.