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Each party shall designate an arbitrator, who need not be neutral, within 30 days of receiving notification of the filing with the AAA of a demand for arbitration.
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The two arbitrators so designated shall elect a third arbitrator.
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If either party fails to designate an arbitrator within the time specified or the two parties' arbitrators fail to designate a third arbitrator within 30 days of their appointments, the third arbitrator shall be appointed by the AAA.
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It is expressly agreed that the arbitrators shall have no authority to award punitive or exemplary damages, the parties hereby waiving their right, if any, to recover punitive or exemplary damages, either in arbitration or in litigation.
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The place of the arbitration shall be New York, New York.
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I set up a directory called "Confidentiality Agreements" and put a form in there based on what KC sent me.
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I'm so proud of myself.
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Yes.
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Choice of law doesn't impact place of arbitration.
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We just need a starting position...
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Hi Pete, Here's some language to be included in the form contract.
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Thanks, Kay
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FYI.
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More for the contract...
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Hi there, On the options we should delete the reference to the Federal Arbitration Act, so that the sentence with that reference ends with "binding arbitration".
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I changed it on the confidentiality agreement, but missed it here.
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Carlos caught it.
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Kay
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One of us can.
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Carlos tells me that he has had difficulty forwarding emails, so I'm sending this along.
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Kay
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Hi John, I haven't been able to find you number.
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I wanted to discuss the confidentiality agreements, and whether you envision that other confidentiality agreements may be necessary or required.
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Thanks, Kay
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Hi Gregg, I've sent John an email (didn't have his number).
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If you have it I will follow up with a phone call.
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I was out yesterday (jury duty called) and Janet was out-of-pocket this afternoon.
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I'll try to track her down tomorrow.
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I will forward the finance agreement to a finance lawyer and tax, and will send you a copy so you'll know who is in the loop.
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Kay
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As you know, Enron and Peoples jointly own enovate.
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Our group in Chicago is looking to manage some funds which belong to enovate.
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We had initially envisioned having a cash management policy which would outline how Enron would invest the funds, etc. The other owner of enovate, Peoples, has proposed that we use the attached document in connection with this arrrangement.
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This is taking me a little far afield of my area of expertise, so I'm writing you guys for input, direction, etc. Suggestions?
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Gregg do you want to correct any of what I wrote?
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Kay
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Gentlemen, I think we also need to be certain that we have a decent amount of discretion in whether we close, otherwise we have to consider the DASH process at this time.
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Kay
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Hot off the presses.
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I'm looking at it now.
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Hi.
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My meetings in Florida are scheduled for Feb 28, March 1 and March 2.
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I do not know when I will be leaving, but if there is a way to leave on the morning of the 28th, I will do so.
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More details to follow!
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Kay
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Do you remember anything about this agreement?
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It was something people were looking for while I was in Fort Worth, and now I'm trying to find the signed original.
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Thanks, Kay
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Steve, My best days are: Kay
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I worked out for the first time in a bizillion years.
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Oh my gosh.
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At least I know how to work out, and I know not to take it to the limit the first time out, but it is still hard to move.
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I didn't exercise my legs or my back much, figuring that's what I'll need most this weekend for yard work.
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I think I saw our neighbor Kim playing basketball.
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I took an abs class, since I need to get my abs (and back) in shape to protect myself from injury.
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I could really mess myself up after such a long hiatus!
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The Met was plenty convenient.
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They have a spa there now, with all the spa stuff.
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No can do.
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Thanks anyway.
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So when are you leaving today?
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Talk to you when you get back.
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Pete, These comments are from our Finance group.
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These are FYI at this time; further discussions to follow.
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Kay
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Hi!
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I was off work yesterday, so I just got your email.
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You gotta love President's Day.
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We went to the rodeo last night, and I'm really tired today.
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I'm too old to go out on a school night!
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Mom said that the dr wants to do a sonogram on Dad's neck to check out the blockage.
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When I talked to her they didn't know when it would be scheduled.
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Evidently there is some unclogging procedure they can do.
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Sounds dangerous to me, but I don't really know anything about it.
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Too bad about Katie's asthma.
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I was worried that Paige has it, but she went through a bunch of tests and they said she doesn't have it.
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Just really bad allergies that make her wheeze.
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I'm not sure of the difference, but I believe this dr.
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Michael still isn't interested in playing team sports.
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We asked this spring and he said not yet.
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I don't know why he doesn't want to play, but I don't want to push him either.
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Maybe I should take him to watch some little kids play.
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Maybe we can come watch Annie play.
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Neil's rodeo stuff will be over next week.
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Everything else is business as usual around here.
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Say "hey" to everyone.
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Love, Kay
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I think it can be accomplished so long as we have no obligation to agree to any particular terms in the definitive docs.
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I don't see why we would need to DASH exclusivity.
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See you soon, Kay
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Barbara, Here's the latest word I have on the meeting, which sets it for tomorrow.
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Is there something later which sets it for today?
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Thanks, Kay
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Hi Shirley, Is this meeting still set for tomorrow?
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I heard a rumor that it had been changed again, but I don't know if it is correct.
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Kay
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I just want to get it finished and off the to do list.
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No problem.
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I appreciate the help in trying to keep track of it.
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Kay
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