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Enron Mail |
Mark,
See message below, just in from Susan Gill. I have attached her revised version of the Click Agreement for your ease of reference from which you will see that the OM has now adopted the position per the OMNet Agreement of a very limited form of limitation of liability clause - but at least it is mutual. I don't think that we are going to get any further with the OM on this one. My view would be that we will need to accept this if we are going to want to join up. Let me know how you would like to proceed. Kind regards Mark Enron Capital & Trade Resources Corp. From: susan.gill@omgroup.com 05/11/99 05:21 PM To: melliott@enron.co.uk cc: (bcc: Mark Elliott/LON/ECT) Subject: Re: ENRON electronic agreements Dear Mark I have just spoken to Stockholm and here is the Click Agreement redrafted (Clause 5.3). I trust it incorporates the essence of your request. Regards, Susan (See attached file: Click NT Member .doc) melliott@enron.co.uk on 11/05/99 09:02:06 To: Susan Gill/OMLX/OMGROUP@OMGROUP cc: Subject: Re: ENRON electronic agreements Susan, I have spoken to Houston overnight on your revised documents and we do take issue with one point - that is the failure of OM to agree to insert our requested limitation of liability clause in Enron's favour in the OM Click Trade Application (NT) Licence Agreement, whereas such a clause exists in OM Gruppen's favour in that document (see Clause 5.3). We make the following points:- 1. We notice that OM has agreed at least to a certain form of mutual limitation of liability clause in the OMNet Agreement and therefore we find it a little odd that OM is unable to agree to any mutual limitation of liability clause in the OM Click Trade Application Licence. We should be very grateful if OM would explain to us its reasoning for this in detail. 2. In any event, it is entirely against Enron's legal policy to enter into agreements containing merely a unilateral limitation of liability clause protecting the other party. Accordingly, we are not prepared to enter into the OM Click Trade Application Licence in your current revised format. I therefore attach, once again, as a Word document the text of Enron's required clause on limitation of liability which I would suggest is added to the OM Click Trade Application Licence as Clause 5.4. (See attached file: OM Click Trade Licence Agreement - Rider.doc) Once OM is in a position to agree to our required language, we should then be in a position to execute the documentation. I look forward to hearing from you at your earliest convenience. Kind regards Mark Mark Elliott 05/10/99 05:48 PM To: susan.gill@omgroup.com cc: Subject: Re: ENRON electronic agreements (Document link not converted) Many thanks, Susan - I have forwarded these on to Legal Dept in Houston with my recommendations. I shall let you know when Houston Legal gives me their approval to the documents so that you can e-mail them directly to Houston Legal. Kind regards Mark (Embedded Enron Capital & Trade Resources Corp. image moved to file: From: susan.gill@omgroup.com pic10929.pcx) 05/10/99 06:20 PM To: melliott@enron.co.uk cc: paul.scott@omgroup.com, knut.lillienau@omgroup.com, peter.akesson@omgroup.com (bcc: Mark Elliott/LON/ECT) Subject: ENRON electronic agreements Dear Mark, I have just heard from Stockholm. Please find attached the agreements marked up with the amendments in so far as we are able to agree to them. I think we have been able to accomodate the principles behind your requested amendments detailed in your email of 30th April. I understand that the line installation has been ordered for this Friday - before the line can be installed I will need 2 signed copies of the OMnet agreement returned. Please let me know re emailing the engrossments to you. Many thanks Susan Click (See attached file: Click NT Member .doc)(See attached file: fees click member.doc) OMnet (See attached file: OMnet Agreement.doc)(See attached file: Fees omnet Member.doc) Side Agreement (See attached file: Side Agreement.doc) - Click NT Member .doc - fees click member.doc - OMnet Agreement.doc - Fees omnet Member.doc - Side Agreement.doc - OM Click Trade Licence Agreement - Rider.doc - pic10929.pcx - Click NT Member .doc
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