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Enron Mail |
----- Forwarded by Mary Cilia/NA/Enron on 10/04/2000 08:38 AM -----
"David Gohlke" <DGOHLKE@skadden.com< 10/03/2000 08:12 PM To: Mary.Cilia@enron.com cc: glauco.palhoto@enron.com Subject: Re: Preliminary Engineering Release Agmt. - final issue Mary, I've attached the latest draft, which has not yet been sent to the other side, and which includes a provision not yet agreed by ESA or negotiated with EECC (Clause 1©). The schedule 1, which you care about, should reflect the changes you and I discussed with Jeff last week. SInce this draft is not an agreed one, will you delete it after you review it, and if you are not ok with all the changes, let me know so I can include them when we finalize this tomorrow (Wed). I will include you on the final negotiated draft tomorrow when I (or Glauco) send it out for final approval. Dave <<< <Mary.Cilia@enron.com< 10/03/00 03:53PM <<< Dave - Do we have the latest draft with the changes I submitted for Appendix 1? Can you please send it to me. Thanks. Mary "David Gohlke" To: john.g.rigby@enron.com, <DGOHLKE@skad john.guidry@enron.com, den.com< john.r.ayres@enron.com, mary.cilia@enron.com cc: john.novak@enron.com, "Brian 09/29/2000 Bradshaw" <BBRADSHA@skadden.com<, "Thomas 05:25 PM Weil" <TWEIL@skadden.com< Subject: Preliminary Engineering Release Agmt. - final issue ESA and EECC teams, This email is in response to John Rigby's fax of 28 Sep with comments to the Preliminary Engineering Release Agreement. I am OK with all of John and Scott's proposed changes except the rider to replace paragraph 1©, which deals with who has the risk/gatekeeper role on deciding whether an activity is "hard cost" or not. While I would prefer to keep a "Contractor shall not perform any "hard cost" activity" -type prohibition in the contract, I understand that since financing is really an Owner issue, and Owner wants off-balance sheet financing, making sure no "hard cost" activity is performed is really an Owner issue. Thus, I have taken their basic language/concept and modified it somewhat. I have marked up EECC's proposed rider and attached the marked copy for your review. If acceptable to the owner team, I will forward it to EECC for their review/approval. Once we have agreement on this language, the Preliminary Eng Release Agmt should be done and ready for John Novak's review and approval and subsequent execution by ESA and EECC. David E. Gohlke Skadden, Arps, Slate, Meagher & Flom LLP 1600 Smith Street, Suite 4460 Houston, Texas 77002 direct (713) 655-5158 fax - main (713) 655-5181 dgohlke@skadden.com ------------------------------------------------------ This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited. If you have received this e-mail in error, please immediately notify me at (212) 735-3000 and permanently delete the original and any copy of any e-mail and any printout thereof. Further information about the firm, a list of the Partners and their professional qualifications will be provided upon request. (See attached file: 39148_2.doc) ------------------------------------------------------ This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited. If you have received this e-mail in error, please immediately notify me at (212) 735-3000 and permanently delete the original and any copy of any e-mail and any printout thereof. Further information about the firm, a list of the Partners and their professional qualifications will be provided upon request. - 38012_9.doc
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