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Enron Mail |
Stephen -
The below language is acceptable; however, I would suggest it be placed as the first sentence of Paragraph 3, if it remains TradeSpark's position that the existing first sentence of this paragraph (beginning with "Except as otherwise provided ....") is to be deleted. If the existing first sentence is to remain, the language you propose should be added as the second sentence of paragraph 3. Please confirm the above and I will move forward on finalizing the agreement. Thanks for your cooperation. Mark Senior Counsel, ENA Phone: 713-345-8897 Facsimile: 713-646-3940 E-Mail: Mark.Greenberg@enron.com "Fogel, Stephen" <SFogel@cantor.com< 02/26/2001 05:22 PM To: "'Mark.Greenberg@enron.com'" <Mark.Greenberg@enron.com< cc: Michael.Bridges@enron.com, Tana.Jones@enron.com Subject: RE: TradeSpark NDA I believe I understand your concerns - I would like to suggest that we add the following language after the first sentence of Paragraph 3 - and then execute the Agreement. The parties acknowledge and understand that this agreement does not limit or restrict the ability of either party to engage in its respective business, nor does it limit either party's use or application of any information or knowledge acquired independently of the other without breach of this agreement in the course of such business. -----Original Message----- From: Mark.Greenberg@enron.com [mailto:Mark.Greenberg@enron.com] Sent: Monday, February 26, 2001 4:55 PM To: Fogel, Stephen Cc: Michael.Bridges@enron.com; Tana.Jones@enron.com Subject: TradeSpark NDA Stephen - Since we keep missing each other, I wanted to drop you a note about the comments TradeSpark made to the Enron NDA. As to the comments: Paragraph 1 - The changes are acceptable. Paragraph 3 - The rationale for this deletion needs to be provided. I cannot see why this change was made or is necessary. Paragraph 5 - This deletion is unacceptable to Enron. When you get a chance, please call me to further discuss Paragraph 3. Thanks. Mark Senior Counsel, ENA Phone: 713-345-8897 Facsimile: 713-646-3940 E-Mail: Mark.Greenberg@enron.com
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