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I've sent JRigby the execution versions of the break out contract and the
override letter. I've asked him to call me to discuss. FYI: The turbine contract was originally drafted by Brian Barto, then Kathy Clark took over. Scott Dieball (EECC Legal) was actively involved in the negotiations, as was I. In facct, it was the first deal I worked on after I transferred to ENA from EECC. Kay From: Roseann Engeldorf on 01/05/2001 12:39 PM To: Lisa Alfaro/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT cc: Brett R Wiggs/SA/Enron@Enron, Kay Mann/Corp/Enron@Enron, dgholke@skadden.com, "ROB TAYLOR" <TAYLR@andrews-kurth.com< Subject: Re: ESA Documents needed to complete the Eletrobolt EPC No - he wants to see the breakout, but generally the commercial ts and cs are the same. The breakout should be different only insofar as technical-type changes were made to accommodate a smaller "batch" of turbines and certain other site-specific changes. The "override" letter contains the financing type changes that need to be in these "surrogate purchaser" deals. The idea is that once the financing entities are out of the picture and we want to sell the facility, the breakout turbine purchase agreement can be assigned to the new owner without the funky "overrride letter" requirements. Brett's question went to whether EECC would be critical of the commercial deal terms, because, oddly enough, EECC has historically been the point organization for all power asset purchases within Enron - whether the purchase was ultimately for an ENA, ESA or EECC/NEPCO project. In this case, Brett can be assured that EECC had its input into the commercial terms last May, when Kay Mann (ENA power development lawyer) worked with Katherine Clark (an EECC contracts administrator) on the deal. Sorry for the confusion. Thanks, Rose Lisa Alfaro@ENRON_DEVELOPMENT 01/05/2001 12:30 PM To: Roseann Engeldorf/Corp/Enron@ENRON cc: Brett R Wiggs/SA/Enron@Enron, Kay Mann/Corp/Enron@Enron, "ROB TAYLOR" <TAYLR@andrews-kurth.com<@ENRON, Mary Kimball/NA/Enron@Enron Subject: Re: ESA Documents needed to complete the Eletrobolt EPC So he doesn't want to see the breakout? Only the original purchase agreement?
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