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The problem as I see it with respect to a material default argument is that
Article 16 re TD&I doesn't set a standard as to how/when such services will be furnished by GE. Does Ex. H-1 set forth such criteria or does it merely describe the types of services furnished? Maybe in Article 16 we could try to put similar timing and cover provisions as found in Article 14 re GE's warranty obligations. As we all know presently TD&I is a touchy subject with all the GTG vendors as a result of record equipment orders and lack of qualified technical reps. I agree that the LD's don't apply as presently drafted and that we should discuss internally with the team before we launch back our position to GE. Any suggestions from the rest of the group? John G Rigby 05/23/2001 03:10 PM To: Scott Dieball/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT cc: Subject: RE: Rev5 of the GE World Hunger T&Cs Lets discuss before replying. Do you think lack of TDI would be material breach. At first I was thinking Take Over would work, but it is related to Equipment. ----- Forwarded by John G Rigby/ENRON_DEVELOPMENT on 05/23/2001 03:07 PM ----- Bill Williams/ENRON@enronXgate 05/23/2001 03:02 PM To: John G Rigby/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT cc: Eric Booth/ENRON@enronXgate, Sheila Tweed/HOU/ECT@ECT Subject: RE: Rev5 of the GE World Hunger T&Cs John my only comments are in article 12 - do not be so specific in naming policy number and date. ENA changes its policy - we'd need to revise the agreement. Also - in Article 16 - is there a way to say lack of TDI support would be a default condition and may be cause for penalty LDs? We are hearing some stories where GE is so short on being able to supply TDI - that weeks have gone by where installation of the GTs are delayed. Are there any provision ties to LDs associated with Article 16? If not - we need them. -----Original Message----- From: Rigby, John Sent: Tuesday, May 22, 2001 4:01 PM To: Tweed, Sheila; Jacoby, Ben; Bills, Lisa; Engeldorf, Roseann; Dieball, Scott; Stephen.swift@ps.ge.com; Michael.barnas@ps.ge.com; Kent.shoemaker@ae.ge.com; Mann, Kay; john.schroeder@ps.ge.com; Williams, Bill; Hearn III, Ed; Rigby, John; pthompson@akllp.com Subject: Rev5 of the GE World Hunger T&Cs Attached is a clean version of Rev 5 and a redline to Rev 4 of the draft "World Hunger" document. The Enron team has not had the opportunity to review this draft, thus I must reserve Enron's rights to make withdraw and add changes. << File: GE Agreement - Version 5.DOC << << File: Comparison of GE Turbine Agreement, Versions 4 to 5.DOC <<
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