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Enron Mail |
Vince & Stinson,
Just wanted to let you know that I had sent this e-mail below to Ms. Geman last Friday and have not heard back from her. I'm sure she is very busy - but just wanted you to know that I am waiting on a response from her. In the meantime, I did a couple of things: 1. I checked with Global Strategic Sourcing's attorney just for her input and opinion on having Ms. Geman's attorney hold the software in escrow and she said it would depend on whether it was a U.S. attorney and that we would probably need to get more information on the attorney. So, I had sent these questions as listed below on to Ms. Geman. 2. I checked into the cost of an escrow agreement with a company that Enron has previously used for software escrow. The company is called DSI Technology and they have different plans depending on our needs. I briefly told DSI what we would probably need, and based on your need of having an agreement with a release condition whereby DSI would release the source code to Enron under certain conditions, it would have a cost of about $2,400 for the first year. This would allow storage space for about 12 CD's. All three parties: DSI, Enron, and D-G Energy would have to sign such agreement. However, we would have to work out some special details on releasing the source code because normally DSI will only release if DSI gave them notice that they could release it or if certain conditions were met (such as D-G Energy went bankrupt). I did not send any of this information on to Ms. Geman - I want to see how she responds first. However, I wanted to go ahead and let you know this since it is about $1,400 more than you had said you would be willing to pay. Do you have any input on this? Thanks, Karla ----- Forwarded by Karla Feldman/HOU/ECT on 08/03/2000 02:02 PM ----- Karla Feldman 07/28/2000 01:41 PM To: geman@dauphine.fr cc: Subject: Software License Dear Ms. Geman, I met with Vince Kaminski yesterday regarding picking back up with the license agreement we were working on back in March. He relayed some additional requirements which need to be added to the agreement, which include the following: 1. The price agreed upon is $90,000. 2. D-G will provide system support. 3. No later than 12 months of execution of the agreement, D-G will provide the source code to Enron. In the meantime, the source code is to be in escrow. Additionally, the source code would be released sooner than the 12 months if any of the following conditions occur: (i) D-G goes out of business; (ii) D-G is unable to provide effective technical support; or (iii) if D-G agrees to release it sooner. Before I have our attorney add these things to the agreement, we need to discuss the escrow situation. Vince mentioned that you had suggested that your attorney keep the software in escrow. Is your attorney a U.S. attorney? It seems like I may have recalled that way back in March you might have said you had a friend or relative that was an attorney. Is that the same person? Does this attorney work for a large firm, small firm, or solo practitioner? Basically, if you could just provides some additional information about your attorney, I would appreciate it. We normally would use an Escrow company to put the software in escrow. We have dealt with a company here in the U.S. called DSI Technology. I will check into that pending your answer regarding your attorney. Once we decide what we want to do regarding placing the software in escrow, we will red-line the agreement to reflect such changes and e-mail it back to you for your review. I look forward to hearing from you. Karla Feldman Enron Corp. Contract Administration (713) 646-7554
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