I spoke with Nelson to verify how this language should be used for W&T Offshore and Spinnaker. On those confirmation, the Buyer's Keep Whole language should NOT be included. Please let me know if you have questions. I would like to see those confirmations before they are sent to the customers.

Thanks,
Judy

 -----Original Message-----
From: 	Nemec, Gerald  
Sent:	Friday, September 14, 2001 12:03 PM
To:	Thorne, Judy; Grass, John; Ferries, Nelson
Cc:	Wallumrod, Ellen
Subject:	Keep Whole Language for Mariner

Attached is the revised Keep Whole Language.  I assume this language would completely replace the Variance langauge that we currently insert in our GTCs and any Replacement Price Differential Language in our Pooling Point and Wellhead GTCs.  I.e. this will be the only measure of damages for these deals.  If this is not correct, let's discuss. 

Ellen,  This language would be the same language use for the W&T Offshore and Spinaker deals.  Is this correct Nelson?

Please review before sending out to make sure I have correctly captured your business deal.

 << File: KeepWhole.doc >>