|
|
Enron Mail |
Janet, if you are ok, I'm ok - we usually only sign these type of
non-solicitations, stand-stills or non-competes if we are well down the road towards having a reasonable probability to completing a transaction with the counterparty. Otherwise, it becomes a nightmare to manage all these. I will leave it to your discretion. Regards Delainey ---------------------- Forwarded by David W Delainey/HOU/ECT on 01/31/2001 03:45 PM --------------------------- From: Stuart Zisman on 01/31/2001 03:06 PM To: Mark E Haedicke/HOU/ECT@ECT, David W Delainey/HOU/ECT@ECT, Mark Metts/NA/Enron@Enron cc: Jeffery Ader/HOU/ECT@ECT, Michael R Brown/LON/ECT@ECT, Stephen Plauche/Corp/Enron@Enron Subject: Approval of a Non-Solicitation Provision Pursuant to an Interoffice Memorandum from Jim Derrick to all Enron Attorneys dated October 27, 1999, I am required to seek approval from each of you prior to signing off on a non-solicitation agreement which affects Enron North America Corp. This non-solicitation agreement is being required by Niagara Mohawk in order to participate in its request for proposal both to outsource the management of its supply portfolio and to provide power to meet its "Standard Offer Service" load requirements for a term ending 12/31/06. The proposed non-solicitation language reads as follows: "The Interested Party [this is defined to be Enron North America Corp.] agrees that, without the prior written consent of Niagara Mohawk, the Interested Party will not for a period of eighteen (18) months from the effective date of this Confidentiality Agreement directly or indirectly solicit for employment any non-union individual who is now employed by Niagara Mohawk, its parent, or any of its affiliates or subsidiaries and who is identified by the Interested Party as a result of its evaluation or otherwise in connection with the Transaction; provided, however, that the Interested Party shall not be prohibited from (i) employing any such individual who contacts the Interested Party on his or her own initiative and without any direct or indirect solicitation by the Interested Party, and (ii) conducting generalized solicitations for employees (which solicitations are not specifically targeted at employees of Niagara Mohawk, its parent, or any of its affiliates or subsidiaries) through the use of media advertisements, professional search firms or otherwise." Please feel free to contact me at extension 3-7493 if you have any questions or comments on the legal side. If you have questions about the underlying commercial transaction, please call either Jeff Ader or Michael Brown. Thanks Stuart
|