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Dale said it was ok for me to send this to you.
Kay ---------------------- Forwarded by Kay Mann/Corp/Enron on 11/17/2000 01:24 PM --------------------------- Dale Rasmussen@ECT 11/16/2000 08:27 PM To: Kay Mann/Corp/Enron@Enron, jacquelinelindo@akllp.com, paulpipitone@akllp.com cc: Bill Williams/PDX/ECT@ECT, Ron Coker/Corp/Enron@Enron, Andrew Kelemen/HOU/ECT@ECT, Sheila Tweed/HOU/ECT@ECT, Alan Larsen/PDX/ECT@ECT Subject: GE Breakout contract--Las Vegas Cogen Thanks for the current draft contract. I have gone through it and plugged in the relevant information I have from the Summary Sheet that GE approved earlier. What I don't have, and am most interested in obtaining from whatever source has them, are the following: 1. Purchase price information (based on the current outstanding balance) 2. Payment schedule (based on current outstanding balance) for Section 6.1.2. 3. The massive volume of specifications and GE boilerplate that is to be attached to the contract as Exhibits and Schedules. 4. A form for Exhibit U, setting out the correct site-adjusted information for these 4 turbines. 5. Unit number identifications and guaranteed delivery dates for each of the turbines. We are prepared to fill in the unit-specific information beyond that which we have already incorporated in the body of the document, and can fill in specific numbers in Exhibit U, but need to have the remaining information. Please note that there appears to be a couple of residual references in the contract that may not or are not relevant to all contracts. First, Section 10.10.6 (regarding maximum aggregate liquidated damages) references 30% of the Purchase Amount. It should be 30% of the Maximum Liability Amount (according to the summary GE approved earlier). Second, the contract provides for "Optional Electrical Output Guaranty" and associated liquidated damages in 10.7.3. This guaranty by its terms applies only to installations utilizing 6 or more turbines. I have deleted it from the LV contract. In addition, Bill Williams has told me that the site-adjusted performance levels that GE provided for the summary information sheet are different (and less favorable to the project ) than those GE provided him in other documents. We will need to confirm those numbers with GE. Is there a contact point at GE whom we should talk with about getting the information/Exhibits we need, or do we have the information already? Please let me know. We are in serious need of providing a document to our prospective purchaser.
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