Okay, I think, can you red line against the previous wording?



	Debra Perlingiere
	05/22/2001 10:39 AM
		 
		 To: Dan J Hyvl/HOU/ECT@ECT
		 cc: 
		 Subject: Ogle

This is the section they wish to change. 



&11.1. Except with regard to a party's obligation to make payment due under 
Section 7. and Imbalance Charges under Section 4, neither party shall be 
liable to the other for failure to perform a Firm obligation, to the extent 
such failure was caused by Force Majeure.  The term "Force Majeure" as 
employed herein means an event not anticipated as of the date hereof, which 
is not within the reasonable control of the Party (or in the case of third 
party obligations or facilities, the third party) claiming suspension, and 
which such Party (or third party) by the exercise of due diligence is unable 
to overcome, or which such Party (or third party) by the exercise of due 
diligence is unable to obtain or cause to be obtained a commercially 
reasonable substitute performance.  Subject to the foregoing sentence, events 
of Force Majeure shall include the events as further defined in Section 11.2 
and shall include an event of Force Majeure occurring with respect to the 
facilities or services of Buyer's or Seller's Transporter.8
 







Debra Perlingiere
Enron North America Corp.
Legal Department
1400 Smith Street, EB 3885
Houston, Texas 77002
dperlin@enron.com
Phone 713-853-7658
Fax  713-646-3490