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I had to leave early on Friday because Michael's sitter (who picks him up from school everyday) had a heart attack. | dev42 |
She's still in St. Luke's. | dev42 |
I'll take a look at it. | dev42 |
Yes, I have it. | dev42 |
She thought she had heartburn while she was with Michael. | dev42 |
What a summer. | dev42 |
That would have been too much. | dev42 |
I've roughed out a document for you to discuss. | dev42 |
It isn't in good enough shape to go to Peoples yet, but hopefully it gives you something to discuss internally so we can decide what we want to do. | dev42 |
In the meanwhile, I'm going to continue to think through the issues. | dev42 |
Please let me know what I can do to help. | dev42 |
Kay | dev42 |
I want to verify that the relationship between VEPCO and NCP is sufficient to justify the statement that we are negotiating a Power Purchase Agreement with North Carolina. | dev42 |
As for the statement concerning ENA owning the other peaking projects, I could verify the correct Enron entities involved given a little time. | dev42 |
Perhaps we could work around it by saying that "ENA and its affiliates" are involved in these other projects. | dev42 |
I'll try to confirm the correct entity to apply. | dev42 |
Kay | dev42 |
Humberto, This is the most current version redlined against a previous version. | dev42 |
Kay | dev42 |
Here's a couple of clauses from some other contracts: From ABB contract: Maximum Liability. | dev42 |
Seller,s maximum aggregate liability for claims byPurchaser arising out of Seller,s performance of this Agreement whetherarising from tort (including negligence), breach of contract or any othercause of action is limited to one hundred percent (100%) of the Purchase Amount; provided, however, that the foregoing limitation of liability of Seller shall not apply to the following: (i) under Article XX (Indemnification); (ii) under Article XXIV (Liens and Claims); (iii) Section 3.8(a) and 3.8(b), (Compliance with Governmental Rules); (iv) Section 5.2 (Taxes); (v) Article XIX obligation to maintain insurance; (vi) arising from or related to environmental harm caused by an action orinaction of Seller, its agents, employees or Vendors during the performanceof the Scope of Work; (vii) resulting from the gross negligence or willful misconduct of Seller,their agents, employees or Vendors; (viii) patent or copyright infringement in accordance with Section 15.2, or (ix) Article XXI (Non-Disclosure of Information). | dev42 |
which liabilities shall not be limited. | dev42 |
Additionally, any liability of Seller provided for by the proceeds of the insurance maintained pursuant toArticle XIX shall not be counted toward any of the foregoing limitations ofliability. | dev42 |
The indemnity language in the ABB contract probably wouldn't work. | dev42 |
I'll loaround. | dev42 |
Allyson, Will the certification of necessity be specific to ENA? | dev42 |
I ask this because I suspect that at some point we will want a special purpose company to be involved. | dev42 |
This provides us with the option of selling the equity of the entity developing the project. | dev42 |
Your advise is appreciated. | dev42 |
Kay | dev42 |
I can try! | dev42 |
here's one. | dev42 |
Thank you, Paul. | dev42 |
I appreciate your help. | dev42 |
I am not responsible for THIS Tribasa mess. | dev42 |
My responsibility ended when Tribasa IV was signed. | dev42 |
Kay | dev42 |
FYI. | dev42 |
I know it is because I'm new to the game, but I find this stuff interesting. | dev42 |
Kay | dev42 |
Attached is a draft of an LOI for the City of Rocky Mount. | dev42 |
Please let me know by tomorrow morning if you have any comments. | dev42 |
By the way, the exclusivity provisions are being re-examined, as CRM wants reciprocal exclusivity. | dev42 |
Thank you, Kay | dev42 |
I left Bruce a message offering my assistance. | dev42 |
FYI. | dev42 |
Hi Matt, You may have given this to me before, but I need a copy of the corporate data sheets. | dev42 |
Also, is there a standard slate of officers for ENA? | dev42 |
FYI, this company is jointly owned with another company. | dev42 |
Kay | dev42 |
Here's the latest from Gregg fyi. | dev42 |
FYI. | dev42 |
No action needed at this point. | dev42 |
Kay | dev42 |
I expect to have it today or tomorrow morning at the latest. | dev42 |
I understand that Mr. Dobler is out. | dev42 |
If so, Mike Miller is available to sign it. | dev42 |
Any new developments? | dev42 |
Kay Enron North America Corp. | dev42 |
Here's another draft: Note in particular changes in exclusivity (now bilateral), tax abatement (exh. A), termination rights, term. | dev42 |
I also made a minor change to dispute resolution. | dev42 |
As for their hesitancy to give us trade secrets, these should be covered by the confidentiality provisions, although this version is very basic (see underlined language). | dev42 |
I just want to make sure we get the gas supply contract ASAP. | dev42 |
We can do a full blown confidentiality agreement that helps. | dev42 |
I never heard back from Dutch Bumgardner. | dev42 |
I'll get the interconnection agreement started on this end, unless you think otherwise. | dev42 |
Hope you are having a good trip. | dev42 |
Kay | dev42 |
Hi Gregg, Here is a new draft which incorporates comments that Boyd and I have made. | dev42 |
I haven't reviewed this version yet, but I wanted to get it to you asap. | dev42 |
I would like to look at this draft before it goes to Peoples, and I'll give it priority for tomorrow am. | dev42 |
I spoke with Dave Gorde (RAC). | dev42 |
He is prepared to discuss line of credit/DASH at your convenience, although tomorrow he is tied up with PRC. | dev42 |
I'll go ahead and get a draft of a "simple" revolving line of credit doc started, unless you think otherwise. | dev42 |
Kay | dev42 |
Yes I can. | dev42 |
Nancy, As difficult as this is to believe, we have been told that VEPCO wants Enron to take the first crack at the interconnection agreement. | dev42 |
Please put this on your list. | dev42 |
I will check around here to see if there is a form we want to use as a starting point. | dev42 |
Thanks, Kay | dev42 |
Well, I've lost today somewhere along the way. | dev42 |
How about Friday morning? | dev42 |
You and I can discuss the agency agreement, then get them on the line. | dev42 |
Anytime is good for me. | dev42 |
Kay | dev42 |
I should be able to accomodate the schedule. | dev42 |
Kay | dev42 |
Nancy, I don't have details on the meeting on the 20th, but please hold the date open for us. | dev42 |
Talk to you soon, Kay | dev42 |
FYI. | dev42 |
Mitch, Here's a first draft. | dev42 |
Please suggest any additional complaints/shortfalls which we need to raise. | dev42 |
It is better to be all inclusive than leave something out. | dev42 |
Richard, any ideas or comments? | dev42 |
Kay | dev42 |
I've left the Electricities lawyer a voice mail. | dev42 |
I just received this so I wanted to pass it along. | dev42 |
I'll work through the comments and get back to you with any questions. | dev42 |
Kay | dev42 |
Hi guys, I need the ABB contract and the PDA at your earliest convenience so that I can work on the documents we discussed. | dev42 |
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