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Suzanne, you'll find the document attached to an email I received from Fred on July 11, entitled Kendall New Development LLC.
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Here's my comments on the ComEd agreement: 4.
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Change 100,000 to 50,000 (right, Fred?) 5.
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Add "and the purchase order or contract will be assigned to Customer (or Customer's designee) at Customer's request, including the warranty provisions of such purchase order or contract" after costs on the 7th line.
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9.
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Add "for the purpose of performing its Scope of Work" to the end of the sentence.
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10.
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Add "internal and external" before legal counsel on 5th line.
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16.
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Add "Customer may assign this Agreement to an affiliate without consent" I'll be checking in. Thanks, Kay
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Karen, Fred Mitro forwarded an email you sent him concerning a legal question.
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Please be advised that Enron policy requires that all outside legal advice be coordinated through an inhouse lawyer, and certainly any legal advice given to Enron employees must be given to Enron counsel as well.
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This requires some discipline on the part of our outside counsel, but we find it works in everyone's best interest.
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Thank you for your attention to this very important policy.
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Kay
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Gee, if you hurry you can still make it to the volleyball game.
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We had the legal call on Wednesday.
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It was Mike, Kent and me.
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You didn't miss much.
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They are waiting on us, and I didn't want to give them anything we hadn't discussed internally.
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I asked Rose to have the Coyote Springs contract OBS'ed (off balance sheet-ed).
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She should have something shortly.
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By the way, the contact sheet that Steve distributed was the one we prepared.
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I'll catch you up on other stuff when you have time.
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Nothing urgent...
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Kay
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Good morning, I'll check around for some peaker availability language.
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If you would like, I can give a heads up to the finance group so that they know how quickly things will need to move.
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I don't have any messages from Nancy yet, but I'm sure we will get a few today.
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Kay
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Any luck?
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Thanks, Kay
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Hi Lisa, I received your voice mail regarding the ABB contract.
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As I recall, ABB signed the contract after I received approval from you (while we were on the phone on July 14 talking about the Moore project), Rose, and Herman, and had incorporated the comments sent by Rob Taylor.
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Quite frankly, I thought that was it for the GF approval process, so WestLB's comments came as a surprise to me when they were faxed in a few days later.
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I received a voice mail that indicated that ABB is ok with WestLB's changes.
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I expect Enron may be signing today, and we will need WestLB's signature.
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Please advise how this should be handled.
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Kay
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FYI.
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Kay
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I find the process a challenge to manage.
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How's that for hyperbole?
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Well, what can I say.
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It represents job security for all of us!
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Hi Heather, We can discuss these comments, if you want, or just incorporate them.
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Electricities shouldn't mind.
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Kay
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I don't believe I forwarded this to you.
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Kay
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I'm not sure why this came to me, but I thought I would share it anyway.
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Thanks for your help.
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Kay
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An email only a fellow turbine czarina could appreciate...
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To tell you the truth, this stuff is difficult for me to retain, so I could be completely off base.
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I would like to have Herman walk through it again.
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tomorrow is probably better than Wednesday
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Gentlemen, Due to some internal comments we have made some revisions to the land option agreement.
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The most significant change is that it is clear that the option payment is not refundable, and will not be applied against the purchase price.
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There is also a clarification in paragraph 9 (re assignment) that the assignee remains responsible for any liability arising prior to assignment.
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I believe we are ready to go forward with signature when you are.
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Please advise if this version is acceptable.
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Also, please let me know if you would like for me to have a redline version prepared.
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Kay
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This is on the horizon, so I thought I would let you know.
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Kay
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Mike, I'll try to figure out the conversion.
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In the meanwhile, if you can email me your fax number I'll send it that way.
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Kay
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Well, there's your summo wrestler, a fan, wasabi peas, and I think a sea shell.
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They can't open the attachment.
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Is there a way to save it in an earlier version of Word and resend?
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Also, please print the attachment and fax it to Thanks, Kay
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I got the same response from Mike and Ken.
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Doesn't sound good.
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Allyson, Thank you for the update.
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Is not having the CPCN an absolute bar to beginning construction?
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What are the risks?
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Thanks, Kay
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John, Credit appears to be a problem on this deal.
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Therefore, please stand by for further developments.
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I appreciate your very quick response.
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Apparently, my client was satisified with the service he received.
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Kay
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Attached is the current draft of the PPA for the VEPCO deal for your information, review, etc. Kay
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Here's the version showing revisions.
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There were technical difficulties with the last one - this should be easier to read.
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Kay
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Here's a version: You probably know this, but the most important stuff is: assignment exercise dates (get more time than you could possibly need, because you'll need it) scope (if available), schedule guarantees option price not credited against purchase price (and lately, not refundable) Lisa Bills, Herman Manis, Rose Engeldorf and Matt Berry typically review these.
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Suzanne, Please set up a conference call for tomorrow, 830 Houston time, and advise the following of the details: Sheila Scott Dieball Rose Engeldorf Kent Shoemaker Mike Barnas The last two are from GE.
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Thanks, Kay
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Any idea how close it is to B & P's office, and how much it costs?
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Thanks, Kay
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Tomorrow is bad for me, but Thursday afternoon or anytime Friday is good.
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Kay
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Karen, I have in hand the Ledford agreement.
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My only comment is that on its face it does not appear to limit the Ledford's to the relief described (no sole/exclusive remedy clause).
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Does that occur by operation of law in Illinois?
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Thank you for your assistance.
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Kay
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