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Enron Mail |
Carol -
Thanks for the update on the review. As to the language inserted, the words "access" and "entry" relate back to the provisions under (ii) and (iii) of paragraph 5(b) since these are the two subparts that discuss access. The words "action taken or not taken" relate back to the provisions under (iv) as this is where "actions taken or not taken" relate to the Broker. The additional phrase should be couched in these terms since this is what Broker has for responsibilities. As to the addition of the words "unlawful acts" this is not acceptable to Enron. Mark Senior Counsel, ENA Phone: 713-345-8897 Facsimile: 713-646-3940 E-Mail: Mark.Greenberg@enron.com "Carol Wilhelm" <wilhelmc@PENNIE.COM< 02/26/2001 11:22 AM To: Mark.Greenberg@enron.com cc: Subject: Re: Natsource BETA Mark, I've looked at the revisions to 5(b) and have one comment and one item I inadvertently left out in our conversation on Friday. First, I like the idea of the defined term "Costs", but I had envisioned that that term would take the place of, rather than be used in addition to, the language "associated with access, entry, or action taken or not taken by Broker". I believe that the "associated with..." language makes the exception appear to apply only to section (iv). Second, we would like to insert the words "unlawful acts," before the word "negligence" in the new language. Therefore, we propose that the added clause read as follows: "unless such Costs arise from the failure of Enron to maintain commercially reasonable security controls for the website or otherwise from the unlawful acts, negligence or intentional misconduct of Enron and its directors, officers, employees, agents or contractors." Please let me know what you think. Also, what changes will be in the side letter? Thanks. <<< <Mark.Greenberg@enron.com< 02/23 4:32 PM <<< Carol - Pursuant to our discussion, attached is an updated draft of the BETA with Enron. I have marked all of the changes we have discussed, including those discussed earlier today, and provided these edits on the final base BETA being used for the website. As I indicated, the final BETA has been modified from the one originally forwarded to you and Natsource for review. Though we briefly reviewed the global changes, I have provided below a copy of the marked version of the final, website version. This is marked against only changes made to the original Enron version and does not incorporate any Natsource related changes. As you will recall, any changes that will ultimately be made to the BETA will be reflected in a side letter and Natsource will still be required to "accept" the form BETA on the Website. Please take a look at the attached when you have a chance and let me know if anything further needs to be accomplished. Thanks. (See attached file: beta-natsource(draft-2-23-01)).doc) Mark Senior Counsel, ENA Phone: 713-345-8897 Facsimile: 713-646-3940 E-Mail: Mark.Greenberg@enron.com ********************************************************* THIS ELECTRONIC MAIL MESSAGE AND ANY ATTACHMENT IS CONFIDENTIAL AND MAY CONTAIN ATTORNEY PRIVILEGED INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR INDIVIDUALS NAMED ABOVE. If the reader is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please reply to the sender to notify us of the error and delete the original message. Thank You. *********************************************************
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