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Enron Mail |
Ravi,
At some point we would like to include bandwidth under AOL. This clause may be very restrictive. Vince Ravi Thuraisingham@ENRON COMMUNICATIONS on 02/15/2000 09:57:17 AM To: Mark Holsworth/Corp/Enron@ENRON cc: Vince Kaminski, Stinson Gibner/HOU/ECT@ECT Subject: Spreadsheet database for purchase Hi Mark, as per our discussion earlier today, here is the contract that KMI wants us to sign. Please review as soon as you can. As I mentioned in our discussion, I am heading up the EBS research group reporting to Vince Kaminski and Stinson Gibner (MDand VP of Enron Global Research, respectively). Vince has asked me to talk you directly on matter such as this rather than using EBS service since we will be performing much of the work stationed out of Enron Corp and the database itself and any resulting analysis will reside in Research. I took a quick look at the contract and already found some things that seems too restrictive. For example, the following clause may need to be removed unless you think it would not affect us: Fourth paragraph: " (ii) that you are in a business that does not include the operating of an online exchange or auction for bandwidth" Strictly speaking, we are NOT in the business of online exchange or auction for bandwidth (since that is how we differentiate our market-making activity from other online exchange players such as Band-x and Rate exchange), our trading activity can be loosely defined as such in an very immature trading market such as the current status of telecom market. What do you think? I would like to set up a meeting with you to discuss EBS and our role and how this database will be used, etc... Please have your assistant call Kristy Carnes to set up this meeting this week. I thank you very much for offering to take a look at this at such a short notice. Regards, Ravi. ----- Forwarded by Ravi Thuraisingham/Enron Communications on 02/15/00 09:32 AM ----- RMack@kmicorp.com 02/14/00 10:49 AM To: Ravi Thuraisingham/Enron Communications@Enron Communications cc: mpass@kmicorp.com, Kristina Lund/Enron Communications@Enron Communications, russell@pennwell.com Subject: Dear Ravi: I have attached a Microsoft Word file of the agreement for Enron to use KMI's data, called the "enduser licence agreement" (EULA), so that you can start your internal review of the agreement. I'll also be sending a version by FAX with my signature, in the event that it will help expedite processing this transaction on your end. If you have questions about the pricing and deliverables that we have already agreed to, please call me. If you wish to discuss any other terms of the agreement as attached, please direct your call to Mr. Russell Iorio of PennWell Corporation at phone number 918 831 9122. Please accept my apologies for any delays and inconvenience we have caused you. I hope that we can move forward and provide you with useful information as soon as possible. Sincerely, Richard Mack - 2-14-2000 EULA.doc KMI Corp. 31 Bridge St. Newport, RI 02840 Email: rmack@kmicorp.com Tel. (401) 849-6771 ext. 113 FAX (401) 847-5866 Internet: http://www.kmicorp.com
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