Enron Mail

From:brenda.crabtree@sabre.com
To:mark.greenberg@enron.com
Subject:Re: Enron NDA
Cc:john.allario@enron.com, tana.jones@enron.com
Bcc:john.allario@enron.com, tana.jones@enron.com
Date:Tue, 3 Apr 2001 07:02:00 -0700 (PDT)

Mark,
Thanks for your comments. I have forwarded your email to the lead attorney
that originally reviewed the NDA last week that you had made changes to. I
have asked him to call you ASAP so you two can work out the Residual Knowledge
clause. I believe he is tied up this afternoon so you should hear from him in
the morning.
thanks
Brenda


Mark.Greenberg@enron.com wrote:

< Brenda -
<
< John Allario forwarded the Sabre comments to the NDA. I have reviewed the
< latest document and find changes to paragraphs 2, 7 and 12 only. If this
< is accurate, then my comments are as follows:
<
< 1. Paragraph 2 - deletion of residual knowledge - this deletion is
< unacceptable.
<
< 2. Paragraph 7 - deletion of residual knowledge - this deletion is
< unacceptable.
<
< 3. Paragraph 12 - deletion of arbitration - this deletion is acceptable.
<
< As to the residual knowledge concept, this is clearly a concept that Sabre
< contemplated would be outside of the boundaries of confidentiality. The
< mere fact that the disclosing party's information is contained within
< someone's mind should not enable it to be used to the disadvantage of the
< disclosing party, nor remove it from remaining confidential. The changes
< made by Enron on 3-20-01 should be reimplemented. If this presents a
< problem, please have your legal personnel contact me to further explain
< Sabre's position.
<
< Mark
< Senior Counsel, ENA
< Phone: 713-345-8897
< Facsimile: 713-646-3940
< E-Mail: Mark.Greenberg@enron.com