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I think we need a Business Day definition, and a search and replace of business days for Business Days. | dev42 |
1.55 The definition of Performance Tests is really a definition of performance test reports. | dev42 |
I think we need a definition that incorporates the tests listed on Exhibit E. The phrase installation option is used, but I didn't find a description of the installation option when I did a search. | dev42 |
3.14.2.1 Is 6 months enough under this circumstances? | dev42 |
Does it matter? | dev42 |
4.3 Delete "Each". | dev42 |
5.1 The amounts on Exhibit N don't match what I have on the last option agreement, and there isn't a description of any options, unless I'm interpretting it incorrectly. | dev42 |
5.3 (ii) add "as provided in Section 5.5" 6.4 I may have missed this, but I didn't see where amounts owed by Seller would be charged interest if not timely paid. | dev42 |
10.7 Are the roman numerals correct?. | dev42 |
I am going to email you some new language for assignment and the buy back option. | dev42 |
You should have it today. | dev42 |
Do you have a redline on this rev 6 versus whatever the version was I read before? | dev42 |
I'm skimming it and I want to make sure I don't skip something. | dev42 |
Thanks, Kay | dev42 |
Sounds good to me. | dev42 |
Stan, I have one minor question. | dev42 |
Is the Notice to Proceed Effective Date a set date, or is it x days following y event? | dev42 |
I would expect to see language along the lines of "If notice to proceed is not given by the Notice to Proceed Effective Date, then...". | dev42 |
I see the deleted language was something close to that, so maybe in the context of this EPC different terminology is used. | dev42 |
Kay | dev42 |
Hi Heather, Here's a form of LOI we can use. | dev42 |
Nancy W. called and is ready to discuss the PPA. | dev42 |
We can call her after our meeting, or before if you have the time. | dev42 |
Kay | dev42 |
Ok. | dev42 |
So basically all bets are off if we don't give NTP by September whatever. | dev42 |
Sounds good. | dev42 |
Hi guys, Here are some quick thoughts: 2.10 Suggest we delete "specific" from second line. | dev42 |
3.3 (i)To protect cash flow neutral status we need to get the money a couple of business days before date due. | dev42 |
6.2 We need to discuss changes which could materially impact the value of the agreement to MEH, not just the risks/responsibilities. | dev42 |
I'd bracket the concept of what the Admin Service Fee is supposed to cover. | dev42 |
Can we recover any additional costs, such as the cost of preparing/filing docs on their behalf (2.2) and collection (3.1)? | dev42 |
I think we probably need to limit our role to "short of litigation" type stuff. | dev42 |
Maybe "reasonable efforts, short of litigation", something like that? | dev42 |
That's all for the first quick read. | dev42 |
Kay | dev42 |
Here's the new version with attachment. | dev42 |
Here's the latest version: Kay | dev42 |
I'm waiting to hear from Ben on the buy back, and I need to incorporate some changes which were given to me by others. | dev42 |
I noticed the paragraph headings duplicated themselves on this last draft. | dev42 |
Odd. | dev42 |
More to come! | dev42 |
Kay | dev42 |
Did you get this? | dev42 |
The address for you looks odd. | dev42 |
I'm not sure I understand it. | dev42 |
I wonder if they mean payment in full has been made as of the time of the assignment. | dev42 |
I'm clearing some other stuff off my desk so I can get to this, hopefully this afternoon. | dev42 |
Kay | dev42 |
Hi Nancy, It seems we may be scheduling a meeting with VEPCO to discuss the PPA. | dev42 |
July 20th is the current date being discussed. | dev42 |
I don't know how we want to staff the meeting yet, but I do want to check your availability. | dev42 |
How does that date look for you? | dev42 |
Thanks, Kay | dev42 |
FYI. | dev42 |
Kay | dev42 |
Sheila, I believe I can help Lisa with this information, at least confirming some of the stuff for her. | dev42 |
Kay | dev42 |
Ben, This email has the prices in Exhibit N of the current draft agreement. | dev42 |
Are these the correct numbers? | dev42 |
Kathy and I discussed your comments, and she is making changes to the contract consistent with those comments. | dev42 |
She is not available this afternoon, but is free tomorrow am to discuss the contract. | dev42 |
Please let me know if tomorrow am works for you. | dev42 |
Kay | dev42 |
Gentlemen, I've made some changes to the assignment language of the ABB contract. | dev42 |
The language is not identical to the LM 6000 language, but is substantially the same, and in some respects better. | dev42 |
Please let me know if you have any substantive comments: I am also attaching the current draft of the contract. | dev42 |
It is being revised to incorporate delivery dates and to clarify the scope to include installation obligations of ABB (haul and install). | dev42 |
Also, in the fourth line of the first paragraph, the word "Purchaser" will be added to the parenthetical, after "WestLB". | dev42 |
Any other changes should be very minor or technical. | dev42 |
We are trying to get this finished this week. | dev42 |
Please let me know if you have any questions or comments. | dev42 |
Kay | dev42 |
Hi Kathly, Note addition of word "Purchaser". | dev42 |
Guess the haul and install stuff is up in the air. | dev42 |
Kay | dev42 |
I believe I was told Richmond. | dev42 |
Here's what I can give you without talking to anyone: I am not familiar with the Goldendale turbine (#7 on ENA long list). | dev42 |
ENA's CTG group lists #7 as being an EECC turbine for Goldendale, not an ENA asset. | dev42 |
I don't know the 2 used GEC turbines (#8 on ENA long list). | dev42 |
On the EECC long list, #13 (501D5A) is not slated to be used on an an ENA/Electrocities project, as LM's are now being considered (guess you knew this). | dev42 |
I believe Blue Dog (#14 on EECC list) has been an EECC deal, not an ENA deal; I don't know about the Choc. | dev42 |
Bayou or Central Iowa projects listed as ENA projects. | dev42 |
Maybe these are sleepers. | dev42 |
I can chase down more info, and Sheila probably has a great deal she can tell you just from looking at the list. | dev42 |
Kay | dev42 |
I'm attaching a revised draft of the option to purchase the land for the VEPCO deal. | dev42 |
I've limited it to the land in Edgecombe County, changed the initial period to 90 days (with 3 x 90 day renewals). | dev42 |
The price is changed to $137,600, as have the option payments ($3500 for each 90 day period). | dev42 |
Is there anything else which needs to be changed? | dev42 |
FYI, I've left a message for Dutch Bumgarnder, VEPCO's lawyer, concerning the interconnection agreement, and who is doing what. | dev42 |
Thanks, Kay | dev42 |
Rusty, Let's meet at your convenience. | dev42 |
We need to identify some of the tripping points and critical path items, especially since our goal (I assume) will be to keep equipment, EPC contracts, land (?), etc off Enron's balance sheet while things are developing. | dev42 |
Talking through the process should help. | dev42 |
Kay | dev42 |
We can discuss this am. | dev42 |
I don't have a problem with not back dating it. | dev42 |
I'll see if there's a sesitivity to it from ABB's side. | dev42 |
Lisa, Thank you for the timely comments. | dev42 |
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