Q: We have received the faxed copy of the fully executed NDA dated 12/13/00 with the referenced Counterparty. I will send a copy to David Dupre, Matt Dawson in London for the UK files, and Kay Young for the Houston files and database. Thanks to everyone for their help!
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A: NDA-Credit2B.com Inc.

Q: The financial trading group has a recurring request by our conterparties to add a provision addressing the admissability of trader tapes into evidence in court or other proceedings. Our current language merely states: "Each party consents to the recording, at any time and from time to time, by the other party of any and all communications between officers or empoyees of the parties, and waives any further notice of such recording." Here are the facts and issues: 1. Our agreements provide for arbitration (most likely) or jurisdiction in specific courts or are silent as to jurisdiction. 2. ENA policy is to destroy trader tapes after 6 months. 3. If we are doing our job, a written and signed confirmation should exist in our files for each and every financial transaction. On occasion, we have not confirmation signed by ENA's counterparty. By agreeing to add "admissability" language, are we waiving the parol evidence rule? Do we always want the ability to introduce existing recordings? Can you provide us with language acceptable to ENA that we might propose to a counterparty (when asked)? Here's an example of a recent request: "Any such recordings may be submitted in evidence to any court or in any proceedings for the prupose of extablishing any matters pertinent to the [ISDA] Agreement."
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A: Admissability of tapes into evidence

Q: Barbara, Tom Martin called and said it was his understanding that he could buy gas at any EOL point such as Exxon Katy, Waha or Carthage for any term and that he could resell such gas into HPL. I explained to him that the EOL carve out was for transactions of less than one month. He asked if you could call him if his understanding was incorrect and then he asked if you wouldn't mind just calling him to discuss the matter.
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A: Non Compete

Q: Good Afternoon, The following two counterparties are requesting a netting agreement with ENA: Kennedy Oil, and Independent Production Company, Inc. The netting agreement should cover physical sales and purchases, and MTM. These are both standard netting agreements, not master netting. Both companies sell us gas under a first purchaser agreement and / or GTC's, and will begin buying back gas. For Independent the contract # is 96023736, and for Kennedy 96052164. I have contact names and phone numbers if you need them. Give me a call with any questions. Thanks,
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A:
Independent Production & Kennedy Oil