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Enron Mail |
Jennifer -
I sincerely apologize to you for my delay in responding. I had honestly thought I had done so, but guess I was wrong. I have reviewed the comments you made to the agreement and have the following comments: 1. Paragraph 1 - First insertion of "or those of its affiliates" - this is acceptable. 2. Paragraph 2 - Second insertion of "or its affiliates" - Since the term "Company" is not a defined term and, as a defined term, is not used elsewhere in the agreement, I would proposed that the provision where this word appears be redrafted to state -- "Without limiting the generality of the foregoing, each such Representative must be specifically informed that he/she can use the Confidential Information solely in his/her capacity as a Representative of the Protected Party." 3. Paragraph 10 - The change to this area for New York law is fine. Presuming the change in Paragraph 2 is acceptable, I will have the final documents prepared, signed and forwarded for signature to your attention. Mark Senior Counsel, ENA Phone: 713-345-8897 Facsimile: 713-646-3940 E-Mail: Mark.Greenberg@enron.com Jennifer Farac <Jennifer.Farac@360.net< 02/08/2001 01:52 PM To: "'Mark.Greenberg@enron.com'" <Mark.Greenberg@enron.com< cc: Vanessa Wittman <vanessaw@360.net< Subject: 360 Networks Enron Net Works NDA Mark, I have reviewed your standard form NDA and have noted two minor comments thereon. I have suggested the State of New York as a more neutral jurisdiction and one that is widely used in commerical transactions, rather than the State of Texas. The other comments are self explanatory. Please contact me should you have any concerns. < <<360 Networks - Enron NDA.doc<< Jennifer Farac Legal Counsel 360networks inc. Direct: 604.648.7838 Fax: 604.648.7747 Email: jfarac@360.net NOTE: This email message contains information that is confidential and may be privileged. It is intended only for the addressee. If you have received this email message in error, please email the sender by replying to it and then deleting it. We appreciate your assistance in correcting this error. - 360 Networks - Enron NDA.doc
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