Thank you for your response.  It is always refreshing to get good news!




"David Parr" <dparr@bracepatt.com> on 09/19/2000 05:12:46 PM
To: <kay.mann@enron.com>
cc: "Nancy Wodka" <nwodka@bracepatt.com> 

Subject: Contractually Limiting Liability under Virginia Law

Kay:

Nancy Wodka asked me to research whether parties to a contract governed by 
Virginia law may negotiate to limit their liability under such contract.  The 
answer is yes.  Because the parties (within broad parameters) can make just 
about whatever law they like so long as it doesn't violate public policy, 
etc., Virginia freely allows limitation of liability clauses.  Of course, in 
the case of fraud or material misrepresentation in inducement, etc., no court 
would honor the clause, but that circumstance does not apply to us.

Please let me know if you need anything further.

David

D. David Parr, Jr., Esq.
Bracewell & Patterson, L.L.P.
2000 K Street NW, Suite 500
Washington, D.C.  20006-1872
202-828-5800 Telephone
202-857-2122 Facsimile