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I laughed, I cried...it became a part of me. | dev41 |
Honestly though, it was a very funny flick. | dev41 |
So did John or Fritz pass along the "Bible" to you? | dev41 |
(Whoever it was you can thank them for me.) | dev41 |
Matt -- are you going to have Snake Hill sign as well? | dev41 |
I can e-mail the agreement to him if you prefer. | dev41 |
Thanks. | dev41 |
Susan | dev41 |
You have just received the "Aggie Virus"!!! | dev41 |
Since Aggies arn't very smart and don't have any programming experience, this Virus works on the honor system. | dev41 |
Please delete all the files on your hard drive, and manually forward this Virus to everyone on your mailing list. | dev41 |
Thanks for the info...you are a wealth of knowledge. | dev41 |
As for the jokes, I am very afraid and yet undaunted. | dev41 |
Do me one last favor and tell Darren I said he's a real funny guy and that there will, at some point, be appropriate pay-back. | dev41 |
You know I was just teasing, right? | dev41 |
And, no dating is definitely not a bad thing. | dev41 |
As for being or not being fortunate enough, just remember...your good enough, your smart enough and dog-gonnit people like you. | dev41 |
Have fun tomorrow night and try up that fortune. | dev41 |
I do not see any problems with this. | dev41 |
Christine, see the attached. | dev41 |
I've changed paragraph 8 to be like our last posting, and added in a sentence saying ties will be decided by lottery (but omitted reference to the lottery provisions of our tariff this time). | dev41 |
My only other comment is that I think the group needs to discuss beforehand how a shipper's request for alternate points is going to be treated. | dev41 |
As currently drafted, this notice prohibits shippers from conditioning bids on use of alternate points at the bid rate, which calls into question our granting the winning bidder use of alternate points at a discount. | dev41 |
If we do intend to let the winning bidder shippers use alt. | dev41 |
points at a discounted rate, we should take this statement out (end of paragraph 5). | dev41 |
If we're still living in a max. | dev41 |
rate world, though, this really is not much of a concern since use of the alternate points would also be at max. | dev41 |
rate. | dev41 |
Any questions -- give me a call. | dev41 |
FYI. | dev41 |
Lorraine, here are a few notes from my review of the Val Verde contract, and my initial impressions. | dev41 |
Let's talk more about how to approach the issue after we meet with Ron tomorrow about MAOP. | dev41 |
12/31/92 Interconnect Agreement: Sec. | dev41 |
1.3 specifies pressures and states that unless there is an agreement to provide firm compression service TW will accept up to 200,000 on an interruptible basis. | dev41 |
Sec. | dev41 |
2 states that the Blanco Hub MAOP shall not be exceeded. | dev41 |
Sec. | dev41 |
4.2 limits damages (no consequential damages). | dev41 |
The contract also has a fairly standard force majeure clause. | dev41 |
2/18/93 letter amendment: Sec. | dev41 |
3 obligates TW to provide firm compression service in order to accept 200,000 into TW's system (provided MOGI has pressure of at least 650 and quantity of at least 140). | dev41 |
Acknowledges that this is an agreement to provide firm compression in accordance with Sec. | dev41 |
1.3 of 12/92 agreement. | dev41 |
9/25/95 letter amendment: Increases quantity to be received at the interconnect to 250,000 once the San Juan expansion is effective. | dev41 |
My initial conclusions: It is pretty clear we have an obligation to accept 250,000 on a firm basis, provided that Burlington complies with the pressure requirements. | dev41 |
Probably the only way we can avoid this obligation is if accepting 250,000 would cause us to exceed the hub MAOP. | dev41 |
In that case we can argue impossibility of performance. | dev41 |
Also, we could avoid the obligation because the summer heat above certain temperatures constitutes force majeure. | dev41 |
This argument is strengthened by the fact that temperatures seem to have gotten hotter over the years. | dev41 |
The fact that we entered into our most recent agreement with Burlington in January of this year weakens the credibility of our arguments (they will say we should have known by now). | dev41 |
Burlington might try to argue that we have an absolute obligation to comply with the agreement, even if it means expensive system modifications. | dev41 |
That argument is not a very strong one because the agreement contains no such affirmative obligation and in fact quite clearly describes the facilities that are the subject of the agreement. | dev41 |
(You know you haven't sent me any funnies in a while either. I'll let it go for now since you're working so hard...but you're going to have to deliver at some point.) 1. | dev41 |
Question: If you could live forever, would you and why? | dev41 |
Answer: "I would not live forever, because we should not live forever, because if we were supposed to live forever, then we would live forever, but we cannot live forever, which is why I would not live forever." | dev41 |
---Miss Alabama in the 1994 Miss USA contest 2. | dev41 |
"Whenever I watch TV and see those poor starving kids all over the world, I can't help but cry. I mean I'd love to be skinny like that but not with all those flies and death and stuff." | dev41 |
---Mariah Carey 3. | dev41 |
"Researchers have discovered that chocolate produces some of the same reactions in the brain as marijuana. The researchers also discovered other similarities between the two, but can't remember what they are." | dev41 |
---Matt Lauer on NBC's Today Show, August 22 4. | dev41 |
"I haven't committed a crime. What I did was fail to comply with the law." | dev41 |
---David Dinkins, New York City Mayor, answering accusations that he failed to pay his taxes. | dev41 |
5. | dev41 |
"Smoking kills. If you're killed, you've lost a very important part of your life." | dev41 |
---Brooke Shields, during an interview to become spokesperson for a federal anti-smoking campaign. | dev41 |
6. | dev41 |
"I've never had major knee surgery on any other part of my body." | dev41 |
---Winston Bennett, Univ. | dev41 |
of KY basketball forward 7. | dev41 |
"Outside of the killings, Washington has one of the lowest crime rates in the country." | dev41 |
---Mayor Marion Barry, Washington, DC 8. | dev41 |
"We're going to turn this team around 360 degrees." | dev41 |
---Jason Kidd, upon his drafting to the Dallas Mavericks 9. | dev41 |
"I'm not going to have some reporters pawing through our papers. We are the president." | dev41 |
---Hillary Clinton commenting on the release of subpoenaed documents. | dev41 |
10. | dev41 |
"China is a big country, inhabited by many Chinese." | dev41 |
---Former French President Charles De Gaulle 11. | dev41 |
"That lowdown scoundrel deserves to be kicked to death by a jackass, and I'm just the one to do it." | dev41 |
---A Congressional Candidate in Texas 12. | dev41 |
"It isn't pollution that's harming the environment. It's the impurities in our air and water that are doing it." | dev41 |
---Former U. S. Vice-President Dan Quayle 13. | dev41 |
"Without censorship, things can get terribly confused in the public mind." | dev41 |
---General William Westmoreland And last but not least -- a parting word from Dan Quayle: 14. | dev41 |
"I love California. I practically grew up in Phoenix." | dev41 |
Hey Hot Stuff, I know how much you love these spoofs so enjoy. | dev41 |
Hope your having a good day or at least, given the circumstances, a tolerable one. | dev41 |
Shorty | dev41 |
In Mark Baldwin's June 19 letter, he proposed the following fee schedule for project development: Retainer: $1000/month plus expenses Accepted project (meets TW's predetermined financial hurdles): Proposal $5000 Each month TW actively negotiating project: $1500/month (each project) Letter of Intent: $5000 Signed Agreement: $10,000 Incentive Fee: To be determined When I spoke with Mark, he explained that this schedule was based on reaching certain milestones in the development of individual projects. | dev41 |
In his letter he also proposed monthly fees for regulatory services ($5000/mo.) and market development services (including SoCal OIR related services -- $3000/mo.). | dev41 |
This e-mail addresses the project development fee structure only. | dev41 |
The recently expired Market Development agreement with IGS provided for a one-time retainer of $15,000 and a monthly retainer of $5000, plus expenses, and an incentive fee structure for any agreement between Transwestern and third party "identified by IGS under this agreement." | dev41 |
As you know, the "identified by" language presented us with some ambiguity in the case of the Southern Energy Gallup Expansion contract, in which both IGS and the TW Commercial Group worked on the deal. | dev41 |
Fortunately, the ambiguity worked to Transwestern's advantage in that case, but my understanding is that in ongoing dealings with IGS both parties would prefer more specificity in any future consulting agreement. | dev41 |
Mark's proposal represents a step in the right direction because it provides for payment on a per-project basis. | dev41 |
This immediately eliminates the "identified by" problem because we won't be obligated to pay him unless and until he identifies a project we're interested in him working on. | dev41 |
I propose that we define some general terms and conditions in an enabling agreement. | dev41 |
If Mark brings us a project we want to pursue, we will pay him according to these terms (and any other terms and conditions tailored to the specific project, as needed). | dev41 |
For each project, we would simply enter into a short letter agreement referencing the enabling agreement. | dev41 |
I've outlined the agreement below as a starting point for discussion. | dev41 |
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