Common use of Other Special Provisions Clause in Contracts

Other Special Provisions. The credit provisions contained in Annex B attached hereto and made a part hereof apply and are incorporated herein by reference For the purposes of the calculations of the Floating Price(s), all numbers shall be rounded as follows: Floating Price(s) relating to commodities quoted in (i) gallons shall be rounded to five places, (ii) MMBtu's shall be rounded to four places, (iii) barrels shall be rounded to three places and (iv) gigajoules shall be rounded to four places. If the number after the final number is five (5) or greater then the final number shall be increased by one (1), and if the number after the final number is less than five (5) then the final number shall remain unchanged. This Confirmation is a complete and binding agreement between you and us as to the Transaction. Until a Master Agreement is executed by you and us, all currently existing swap, option or other financially-settled derivative transactions between the parties shall be governed by the terms and conditions set forth in any Annex attached hereto. All such swap, option or other financially-settled derivative transactions, shall constitute a single integrated agreement between you and us, it being acknowledged that the parties are relying upon the fact that all such swap, option or other financially-settled derivative transactions will form a single agreement and that the parties would not otherwise enter into any transactions. The terms and conditions contained in any Annex attached hereto are incorporated into this Confirmation, and in the event of any inconsistency between any Annex and this letter agreement, this letter agreement shall govern. Upon execution by you and us of a Master Agreement, this Confirmation will supplement, form a part of, and be subject to the Master Agreement. In the event of any inconsistency between this Confirmation and the Master Agreement, the Master Agreement shall govern except as expressly set forth therein. If this Confirmation correctly sets forth the terms of the Transaction that we have entered into, please promptly confirm in a reply to us by signing below and sending this Confirmation (or a copy hereof) to us (or notifying us of any bona fide error that would require revision in order to accurately reflect our agreement on the Transaction) by facsimile transmission within two Business Days after your receipt of this Confirmation. If you fail to so reply within such time period, the terms hereof will constitute binding and conclusive evidence of the Transaction. We look forward to receiving your prompt reply. Sincerely, Enron North America Corp. National Energy Group, Inc.

Other Special Provisions. The credit provisions contained in Annex B attached hereto and made a part hereof apply and are incorporated herein by reference Not Applicable For the purposes of the calculations of the Floating Price(s), all numbers shall be rounded as follows: Floating Price(s) relating to commodities quoted in (i) gallons shall be rounded to five places, (ii) MMBtu's shall be rounded to four places, (iii) barrels shall be rounded to three places and (iv) gigajoules shall be rounded to four places. If the number after the final number is five (5) or greater then the final number shall be increased by one (1), and if the number after the final number is less than five (5) then the final number shall remain unchanged. This Confirmation is a complete and binding agreement between you and us as to the Transaction. Until a Master Agreement is executed by you and us, all currently existing swap, option or other financially-settled derivative transactions between the parties shall be governed by the terms and conditions set forth in any Annex attached hereto. All such swap, option or other financially-settled derivative transactions, shall constitute a single integrated agreement between you and us, it being acknowledged that the parties are relying upon the fact that all such swap, option or other financially-settled derivative transactions will form a single agreement and that the parties would not otherwise enter into any transactions. The terms and conditions contained in any Annex attached hereto are incorporated into this Confirmation, and in the event of any inconsistency between any Annex and this letter agreement, this letter agreement shall govern. Upon execution by you and us of a Master Agreement, this Confirmation will supplement, form a part of, and be subject to the Master Agreement. In the event of any inconsistency between this Confirmation and the Master Agreement, the Master Agreement shall govern except as expressly set forth therein. If this Confirmation correctly sets forth the terms of the Transaction that we have entered into, please promptly confirm in a reply to us by signing below and sending this Confirmation (or a copy hereof) to us (or notifying us of any bona fide error that would require revision in order to accurately reflect our agreement on the Transaction) by facsimile transmission within two Business Days after your receipt of this Confirmation. If you fail to so reply within such time period, the terms hereof will constitute binding and conclusive evidence of the Transaction. We look forward to receiving your prompt reply. Sincerely, Enron North America Corp. National Energy Group, Inc.

Other Special Provisions. The credit provisions contained in Annex B attached hereto and made a part hereof apply and are incorporated herein by reference Not Applicable For the purposes of the calculations of the Floating Price(s), all numbers shall be rounded as follows: Floating Price(s) relating to commodities quoted in (i) gallons shall be rounded to five places, (ii) MMBtu's shall be rounded to four places, (iii) barrels shall be rounded to three places and (iv) gigajoules shall be rounded to four places. If the number after the final number is five (5) or greater then the final number shall be increased by one (1), and if the number after the final number is less than five (5) then the final number shall remain unchanged. This Confirmation is a complete and binding agreement between you and us as to the Transaction. Until a Master Agreement is executed by you and us, all currently existing swap, option or other financially-settled derivative transactions between the parties shall be governed by the terms and conditions set forth in any Annex attached hereto. All such swap, option or other financially-settled derivative transactions, shall constitute a single integrated agreement between you and us, it being acknowledged that the parties are relying upon the fact that all such swap, option or other financially-settled derivative transactions will form a single agreement and that the parties would not otherwise enter into any transactions. The terms and conditions contained in any Annex attached hereto are incorporated into this Confirmation, and in the event of any inconsistency between any Annex and this letter agreement, this letter agreement shall govern. Upon execution by you and us of a Master Agreement, this Confirmation will supplement, form a part of, and be subject to the Master Agreement. In the event of any inconsistency between this Confirmation and the Master Agreement, the Master Agreement shall govern except as expressly set forth thereinherein. If this Confirmation correctly sets forth the terms of the Transaction that we have entered into, please promptly confirm in a reply to us by signing below and sending this Confirmation (or a copy hereof) to us (or notifying us of any bona fide error that would require revision in order to accurately reflect our agreement on the Transaction) by facsimile transmission within two Business Days after your receipt of this Confirmation. If you fail to so reply within such time period, the terms hereof will constitute binding and conclusive evidence of the Transaction. We look forward to receiving your prompt reply. Sincerely, Enron North America Corp. National Energy Group, Inc.Inc. 2 10 Deal No. VH0969.1 By: /s/ JOE XXXXXX By: /s/ LORX X. XXXX ----------------------------------- Name: Joe Xxxxxx Name: Lorx X. Xxxx ----------------------------------- Title: Agent and Attorney-in-Fact Title: Vice President of Product Marketing ----------------------------------- Date: June 26, 2001 Date: July 5, 2001 ----------------------------------- COUNTERPARTY: AFTER YOU HAVE CONFIRMED TRANSACTION, PLEASE RETURN TO ENA, ATTENTION: DIRECTOR OF DOCUMENTATION AT FAX NO (710) 000-0000 XDDRESS FOR NOTICES TO ENA: PAYMENT ACCOUNT INFORMATION FOR ENA: 1400 Xxxxx Xx See invoice for wire instructions Houxxxx, XX 00000-0000 Xxtention: Director, Documentation Dept Fax: (710) 000-0000 Xxone: (710) 000-0000 Xith a copy of any notice given pursuant to Section 3 or 4 of Annex A or Annex B, if any, to: 1400 Xxxxx Xxxxxx Xxxxxxx, Texas 77002 Attn.: Assistant General Counsel, Trading Group Fax: (710) 000-0000 XDDRESS FOR NOTICES TO COUNTERPARTY: PAYMENT ACCOUNT INFORMATION FOR COUNTERPARTY: Address: 1400 Xxx Xxxxxx Xxxxxx Xxxx Xxx, Xxxxx X.X., Xxxxxx, XX -------------------------- -------------------------------- 4920 Xxxxxxxxxx Xxxxxx ABA 111000000 ----------------------------------- -------------------------------- Dalxxx XX 00000 For the Account of National ----------------------------------- Energy Group, Inc. Attention: Lorx X. Xxxx -------------------------------- ------------------------ Account No. 1580000000 Xxx: (210) 000-0000 -------------------------------- ------------------------------ Phone: (210) 000-0000 X000 Tax I.D.# 58-0000000 ---------------------------- -------------------------------- COUNTERPARTY: PLEASE PROVIDE ABOVE REQUESTED INFORMATION IF NOT PROVIDED PREVIOUSLY OR IF CHANGES HAVE OCCURRED 3 11 ENA/U.S. COUNTERPARTY REVISION OF 03/02/00 ANNEX A GENERAL TERMS AND CONDITIONS This Annex A supplements, forms part of, and is incorporated into the Confirmation to which this Annex A is attached. Until a Master Agreement is executed by the parties, this Annex A will set forth the general terms and conditions governing all Transactions between the parties except as otherwise specified in a Confirmation to a Transaction.

Other Special Provisions. The credit provisions contained in Annex B attached hereto and made a part hereof apply and are incorporated herein by reference Not Applicable For the purposes of the calculations of the Floating Price(s), all numbers shall be rounded as follows: Floating Price(s) relating to commodities quoted in (i) gallons shall be rounded to five places, (ii) MMBtu's shall be rounded to four places, (iii) barrels shall be rounded to three places and (iv) gigajoules shall be rounded to four places. If the number after the final number is five (5) or greater then the final number shall be increased by one (1), and if the number after the final number is less than five (5) then the final number shall remain unchanged. This Confirmation is a complete and binding agreement between you and us as to the Transaction. Until a Master Agreement is executed by you and us, all currently existing swap, option or other financially-settled derivative transactions between the parties shall be governed by the terms and conditions set forth in any Annex attached hereto. All such swap, option or other financially-settled derivative transactions, shall constitute a single integrated agreement between you and us, it being acknowledged that the parties are relying upon the fact that all such swap, option or other financially-settled derivative transactions will form a single agreement and that the parties would not otherwise enter into any transactions. The terms and conditions contained in any Annex attached hereto are incorporated into this Confirmation, and in the event of any inconsistency between any Annex and this letter agreement, this letter agreement shall govern. Upon execution by you and us of a Master Agreement, this Confirmation will supplement, form a part of, and be subject to the Master Agreement. In the event of any inconsistency between this Confirmation and the Master Agreement, the Master Agreement shall govern except as expressly set forth thereinherein. If this Confirmation correctly sets forth the terms of the Transaction that we have entered into, please promptly confirm in a reply to us by signing below and sending this Confirmation (or a copy hereof) to us (or notifying us of any bona fide error that would require revision in order to accurately reflect our agreement on the Transaction) by facsimile transmission within two Business Days after your receipt of this Confirmation. If you fail to so reply within such time period, the terms hereof will constitute binding and conclusive evidence of the Transaction. We look forward to receiving your prompt reply. Sincerely, Enron North America Corp. National Energy Group, Inc.Inc. 17 Deal No. VH0982.1 By: /s/ JOE XXXXXX By: /s/ LORX X. XXXX ----------------------------------- Name: Joe Xxxxxx Name: Lorx X. Xxxx ----------------------------------- Title: Agent and Attorney-in-Fact Title: Vice President of Product Marketing ----------------------------------- Date: June 26, 2001 Date: July 5, 2001 ----------------------------------- COUNTERPARTY: AFTER YOU HAVE CONFIRMED TRANSACTION, PLEASE RETURN TO ENA, ATTENTION: DIRECTOR OF DOCUMENTATION AT FAX NO (710) 000-0000 XDDRESS FOR NOTICES TO ENA: PAYMENT ACCOUNT INFORMATION FOR ENA: 1400 Xxxxx Xx See invoice for wire instructions Houxxxx, XX 00000-0000 Xxtention: Director, Documentation Dept Fax: (710) 000-0000 Xxone: (710) 000-0000 Xith a copy of any notice given pursuant to Section 3 or 4 of Annex A or Annex B, if any, to: 1400 Xxxxx Xxxxxx Xxxxxxx, Texas 77002 Attn.: Assistant General Counsel, Trading Group Fax: (710) 000-0000 XDDRESS FOR NOTICES TO COUNTERPARTY: PAYMENT ACCOUNT INFORMATION FOR COUNTERPARTY: Address: 1400 Xxx Xxxxxx Xxxxxx Xxxx Xxx, Xxxxx X.X., Xxxxxx, XX -------------------------- -------------------------------- 4920 Xxxxxxxxxx Xxxxxx ABA 111000000 ----------------------------------- -------------------------------- Dalxxx XX 00000 For the Account of National ----------------------------------- Energy Group, Inc. Attention: Lorx X. Xxxx -------------------------------- ------------------------ Account No. 1580000000 Xxx: (210) 000-0000 -------------------------------- ------------------------------ Phone: (210) 000-0000 X000 Tax I.D.# 58-0000000 ---------------------------- -------------------------------- COUNTERPARTY: PLEASE PROVIDE ABOVE REQUESTED INFORMATION IF NOT PROVIDED PREVIOUSLY OR IF CHANGES HAVE OCCURRED 3 18 ENA/U.S. COUNTERPARTY REVISION OF 03/02/00 ANNEX A GENERAL TERMS AND CONDITIONS This Annex A supplements, forms part of, and is incorporated into the Confirmation to which this Annex A is attached. Until a Master Agreement is executed by the parties, this Annex A will set forth the general terms and conditions governing all Transactions between the parties except as otherwise specified in a Confirmation to a Transaction.