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Enron Mail |
Ross,
The only thought I have with respect to this request would be that it should not apply if FCEL has failed to comply with its warranty obligations, or has declined to service the modules after the warranty period has expired. Kay "Levine, Ross" <rlevine@fce.com< on 11/08/2000 03:22:30 PM To: "'Jacqueline Scheib'" <jscheib@rc.com<, "'Stephen.Plauche@enron.com'" <Stephen.Plauche@enron.com<, Scott.Healy@enron.com, Heather.Kroll@enron.com, Kay.Mann@enron.com cc: "Leitman, Jerry" <jleitman@fce.com<, "Nock, Herb" <HNock@FCE.com<, "Leo, Tony" <tleo@fce.com<, "Bentley, Chris" <cbentley@fce.com<, "Mahler, Joseph" <jmahler@fce.com< Subject: Additional Contract Item Jackie, Stephen, Scott, Kay, Heather: We have an additional item we did not discuss today. We want to add to the agreement a provision to the effect that: The Purchaser (include their successors and/or assigns, subcontractors, vendors, operators, etc.) may not open or in any other manner attempt to view the interior of the DFC modules without Seller's express written consent. Failure to comply with this provision would: a) Void all warranties with respect to the Unit and b) Be considered an automatic violation and breach of the confidentiality provisions of the agreement and subject to all remedies for such violation. Tony: We will also add the same provision to the O&M manuals. Jackie: Please draft appropriate language for the agreement and include it in the latest draft of the agreement. Thank you. Ross M. Levine, Esq. Director of Contracts and Contracts Counsel FuelCell Energy, Inc. 3 Great Pasture Rd. Danbury, CT 06813 (203) 825-6057 (203) 798-2945 (fax) rlevine@fce.com (email) This transmittal and its attached files (if any) may contain proprietary or confidential information belonging to FuelCell Energy, Inc. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error. Any review, disclosure, use, dissemination, distribution or copying of this information is strictly prohibited. If you suspect that you have received this communication in error, please notify us immediately by telephone at 1-(203) 825-6000, or e-mail at jryan@fce.com and immediately delete this message and all its attachments.
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