|
|
Enron Mail |
---------------------- Forwarded by Kay Mann/Corp/Enron on 03/30/2001 02:32
PM --------------------------- From: Chris Booth 03/30/2001 02:24 PM To: Kay Mann/Corp/Enron@Enron cc: Ben Jacoby Subject: Exclusivity Agreement Kay, What are your feeling about Montana Power's counter? My comment would be to add a clause saying that MPC would have x (5?) many days to respond to ENA once notified that the turbine is again available for sale. Chris 4. If during the Term, MPC determines it does not desire to proceed with the purchase of the Turbine, MPC shall promptly notify ENA in writing, and this Agreement shall automatically terminate upon the earlier of the date of ENA's receipt of such notice or the expiration of the Term, without any further liability of either Party to the other hereunder. If, during the Term, ENA determines in good faith that it is unable to negotiate for the sale of the Turbine due to circumstances relating to the generator, it shall notify MPC and refund the Consideration; provided, however, that if ENA offers the Turbine for sale within 14 days of the termination in connection with the foregoing, then MPC shall be entitled to an additional exclusivity period of 10 business days to negotiate a definitive agreement in accordance with the terms of this agreement. (or something like that)
|