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Enron Mail |
Gentlemen -
We are working on a non-disclosure agreement with BEA Systems Inc., a software company. The basis for the NDA is the disclosure to BEA of the EOL software and discussions concerning a possible transaction involving either the purchase or long term license of the software. This possible transaction is in association with an ongoing project by ENW involving the EOL software. The original NDA provided to BEA contained a unilateral non-solicitation provision. BEA responded with a bilateral provision that sought to reach beyond BEA and ENW. I have provided the attached language to BEA for their review. They have subsequently approved the language. Basically, the attached is our standard non-solicitation provision, but has, as a caveat, a statement that the non-solicitation is only applicable to BEA and ENW, and not affiliates/subsidiaries or parent companies. At your convenience, please let me know if the attached is acceptable for the BEA non-disclosure agreement. If any of you should have any questions, please do not hesitate to call me. Mark Senior Counsel, EWS Phone: 713-345-8897 Facsimile: 713-646-3490 E-Mail: Mark.Greenberg@enron.com
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