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Kay
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Hi Gregg, I'm home with my sick son this am.
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(It was one of those 102 plus fevers at 430 this morning.) I've asked the temp assistant to have my enovate stuff sent out so we can get some work done.
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Talk to you later, Kay
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Hi Scott, I have some questions: The obligation to try to improve performance about the specific performance (ie minimum) standards frequently has a time limit, say 6 months.
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Do you have a sense for the appropriate time period here?
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Would it make sense to require them to work longer on the first 2.0 and 2.4 than the rest?
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Will we have a drawing number for a standard foundation design, or will we need to put words around it.
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I know we discussed the need for pilings as the most significant change.
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Do you think that this difference is enough?
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Did I understand that we want them to pay us at the end for non-standard foundations (as opposed to a credit).
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On termination, are we going with the average value no matter what the reason for termination, with a rep along the lines of whay you wrote, plus some monitoring ability.
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On assignment, they mentioned a corporate guaranty.
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I was thinking of using something broader due to various financing/balance sheet considerations, perhaps tying it to a guaranty from a BBB rated entity.
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Do we want an option to have them store these, which would then impact payment?
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Thanks, Kay
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Hi.
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Don't forget you can reach me by email.
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Good catch on the fever this am!
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Love, Kay
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Maybe it is viral.
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I haven't really looked because I want Rey to see him since we are leaving town, so my opinion isn't as important.
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He is starting to slow just a little.
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He ate a good breakfast, but he is getting quieter.
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If it is ok with you I'll let you know in a little bit.
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More questions: We have two different levels of guarantee values.
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We have the specific performance levels, which if not met can result in termination, etc. This includes emissions, electrical output, heat rate, water (consumption and discharge).
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Will all of these have more stringent guaranteed levels that FCE will have to work to try to fix?
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I'm assuming there are no sound issues.
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Thanks again, Kay
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How's Annie doing?
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Has she seen her regular (sigh) orthopod yet?
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Do the girls (and I guess you grown ups can probably go, too) want to go to SU?
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Are the young ladies interested in spending the night?
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I'm home with Michael (the 102 fever drill), working at home.
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Hi to all!
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Love, Kay PS Thanks for the traffic tip.
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Do the games last about 4 hours?
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I can't remember.
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Why not.
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You can tell how much Michael seems to be enjoying school.
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Please print and fax to me at 713 973 0287.
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I'll forward a couple more I need faxed.
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Thanks Kay
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Please print and fax to me at home.
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Thanks
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Here's what they suggested (yes I'm working, I can do two things at once) There is a rule of halves - you can give half to your kids, you get medicaid when the retained half runs out.
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There is probably a time period you can do this.
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Kay
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Here's a redline against our previous draft.
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There are lots of holes, in large part due to the significant commercial issues still open and some of FCE's input due on the language to be used.
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I'm also not finished with the project management/scheduling stuff, but I wanted you to get a chance to look at it forthwith.
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Scott, I've printed off your emails and will incorporate your input.
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I don't know when we want to give FuelCells a draft, but I'm going to keep working on this one.
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Kay
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Good.
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That lets me massage it, review my notes, and perhaps even read it!
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Kay
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I'm getting ready to take Michael to the pediatrician, so it depends on how long that takes.
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I'll find the instructions and email them to you.
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If I'm not on there but Kent is, could you let him know I really need to talk to hiim?
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Thanks Kay
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The appointment with the pediatrician is at 1100.
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I catch up with you later today.
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Kay
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you can open it and hold it.
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I know what it is.
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Hi Barbara, I'm on the phone with the GE folks right now, as we have a standing conference call with them every Wednesday at 130.
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I'm familiar with the people and the contractual terms at issue, and will be happy to discuss it.
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Kay
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I'll be glad to handle it so long as it doesn't have to be done this week, as I have strep throat (Michael and I got a group rate at the peditricians' office.) Who should I contact?
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Kay
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Claude, Could you please fax this to Heather?
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You might want to call her to make sure she is still at McCary's office.
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Thanks, Kay
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Scott, Your question #2 raises a good point.
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My thought in bracketing the name is optionality.
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I'm trying to be aware of potential balance sheet issues.
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As you know, if this contract ends up in such shape that it can be construed as a committment to purchase equipment, we will need to cross the balance sheet bridge.
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As far as I know, we have not ruled out that possibility, as well as the possibility that ENA or an affilate may be the EPC contractor, or somehow in the title chain.
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I was thinking that if we use an LLC we have the option to see .he equity in an LLC holding the contractual rights/obligations (for financing purposes or otherwise).
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In that case, we may want to use an LLC instead of messing with an assignment later.
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I am very interested in your insight concerning possible structures, and what we need to keep in mind.
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Kay
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Poor Carlos.
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He is almost pitiful.
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I think it is a great idea to watch for a good networking opportunity.
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I'm off on Friday, too.
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In fact, both Michael and I have strep throat and spent the day at home.
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I'll probably be in no more than 1/2 day tomorrow.
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Is Norman still out of town?
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Will you have the house ALL to yourself?
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Kay
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SZ really grows on you, doesn't he?
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Just like Carlos.
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Neil leaves tomorrow.
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He was out ONE night last week.
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I am encouraging him to get a hunting lease.
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He thinks I'm very supportive.
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Sounds good.
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