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Enron Mail |
Craig -
The attached is fine with me. The only item that did not appear to be kept was language in Paragraph 7 indicating that the jurisdiction for injunctive relief was the Courts of New York. If the work is being done in the States and NY law is applicable, the proper forum is in New York for this action. If we need to discuss this further with Orbian, please let me know and I will be happy to do so. Mark Senior Counsel, EWS Phone: 713-345-8897 Facsimile: 713-646-3490 E-Mail: Mark.Greenberg@enron.com Craig Chaney/ENRON@enronXgate 05/22/2001 03:52 PM To: Mark Greenberg/NA/Enron@ENRON cc: Subject: Confidentiality Agreement with Orbian Mark, Here is the revised NDA from Orbian. I would appreciate an expedited review since we are holding off discussion until we can get signed. They incorporated our changes except they would like to have the agreement last for three years rather than two. They indicated that Enron Supply had agreed to a three term. I do not have any commercial concerns with this. Please let me know when you can complete your review so I can schedule our talks with Orbian. Thanks, Craig -----Original Message----- From: Greenberg, Mark Sent: Tuesday, May 01, 2001 3:20 PM To: Chaney, Craig Cc: O'Connell, Denis; Jones, Tana Subject: Re: FW: FW: Confidentiality Agreement with Enron Credit Craig - I have looked over the attached document. Based upon the draft we provided in January, Orbian has made a number of changes which are acceptable to me. Only the following present issues: 1. Paragraphs 3(a), 3(b) and 6 - The original form of this agreement had 5 years as the time period for protection and return of confidential information. We had proposed 1 year and they have now come back with 3 years. The timing under other Enron NDA's is generally 2 years. Accordingly, this time period should be suggested for these paragraphs. 2. Paragraph 3(d) - I had previously deleted the phrase "and each such copy shall be marked with the same proprietary notices that appear on the originals (if any)." Orbian now wants to keep this phrase. Since this presents an administrative burden which we do not support now, it makes little sense to maintain this with the agreement. Accordingly, it should be deleted. 3. Paragraph 7 - The added provisions of "and/or their Affiliates" should be deleted in two places. The affiliates of the parties are not third party beneficiaries of this Agreement, nor signatories to the agreement. Accordingly, any action they may have against Enron would be outside of this Agreement. Otherwise, the agreement looks fine. Please let me know if you should need anything further. Mark Senior Counsel, EWS Phone: 713-345-8897 Facsimile: 713-646-3490 E-Mail: Mark.Greenberg@enron.com Craig Chaney/ENRON@enronXgate 05/01/2001 02:52 PM To: Mark Greenberg/NA/Enron@ENRON cc: Subject: FW: FW: Confidentiality Agreement with Enron Credit Mark, Could you please review this Confidentiality Agreement. Is there any chance that you could get it completed by the end of the week? I will be meeting them soon and they need to have this agreement in place. Please let me know. Thanks, Craig -----Original Message----- From: Johnson, Gillian Sent: Monday, April 30, 2001 2:10 PM To: Harris, Bruce Cc: Craig Chaney/HOU/ECT@ENRON Subject: Re: FW: Confidentiality Agreement with Enron Credit You may also be interested in Orbian. They are looking for ways to shed the risk they are incurring as they iossue something called Orbian credits. There may also be partnering sorts of opportunities but the potential poretfolio opps may be greater in the short run. Stop by if you want a quick review of who they are (from my less than stellar memory) Gillian ---------------------- Forwarded by Gillian Johnson/HOU/EES on 04/30/2001 02:06 PM --------------------------- << OLE Object: Picture (Device Independent Bitmap) << Gillian Johnson 04/30/2001 10:58 AM To: <william.follini@orbian.com< cc: Craig Chaney Subject: Re: FW: Confidentiality Agreement with Enron Credit << OLE Object: StdOleLink << Bill, Good to hear from you. I am forwarding this mesage to Craig Chaney who is Enron Credit's Director of Product Development since I have moved to another division within Enron. Please feel free to contact him directly at 713-853-3840 for further discussions. Thank you and good luck in developing a mutually beneficial relationship. Gillian Johnson << OLE Object: Picture (Device Independent Bitmap) << "Bill Follini" <william.follini@orbian.com< on 04/30/2001 08:42:14 AM Please respond to <william.follini@orbian.com< To: <Gillian.Johnson@enron.com< cc: <Mark.Greenberg@enron.com<, <George.Zivic@enron.com<, "Laura Petersen \(E-mail\)" <laura.petersen@orbian.com< Subject: FW: Confidentiality Agreement with Enron Credit Gillian, I know this has taken a while but we are still interested in discussions with your organization on opportunities. Attached is a revision to our CA based on your input. Can you please followup with Laura and provide her with your comments. Regards, Bill mailto:william.follini@orbian.com Director of Sales, Americas 767 Third Ave. 19fl, NY NY 10017 + 1 (212) 851-8310 office + 1 (212) 223-1799 fax + 1 (646) 436-6600 cell + 1 (509) 694-4804 efax www.orbian.com This email is confidential and may also be privileged. If you are not the intended recipient, please notify the sender immediately. Any viewing, copying, distribution, disclosure or other use by anyone who is not the intended recipient is strictly prohibited. - NDA Orbian Markup 13.02.01.pdf << File: NDA Orbian Markup 13.02.01.pdf <<
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