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Enron Mail |
Mr. Wise,
Below are responses to your comments on the proposed Confidentiality Agreement. Stephanie Panus Senior Legal Specialist Enron Wholesale Services 1400 Smith Street, EB3803C Houston, Texas 77002 ph: 713.345.3249 fax: 713.646.3490 email: stephanie.panus@enron.com -----Original Message----- From: Tim Wise <TWise@gasbiz.com<@ENRON Sent: Wednesday, October 17, 2001 1:11 PM To: Panus, Stephanie Cc: Lebrocq, Wendi Subject: RE: Confidentiality Agreement with Enron Dear Ms. Panus, I have reviewed the Confidentiality Agreement which you supplied with our in-house legal staff and we have highlighted proposed changes in blue with reference to the following issues: 1) Description of "Representative" was too broad. We feel accessing information by employees and officers of Enron's Treasury Department should be satisfactory for purposes of reviewing the credit. [Panus, Stephanie] While the definition of "Representative" is broad, it is limited to those persons who will evaluate, negotiate, and finalize the Transaction. There may be persons working on this who are from different departments/affiliates. 2) We do not see a reason why the information cannot remain confidential indefinitely. [Panus, Stephanie] We can agree to a two year term. Pursuant to the terms of the Agreement, you can request the return of all documents submitted to Enron. The information to be submitted does not retain its value indefinitely. 3) Since California Energy Exchange Corporation is the Disclosing Party, the jurisdiction governing this agreement should be California. [Panus, Stephanie] We cannot agree to California law, but can agree to New York law. 4) It is our experience that an Arbitration requirement is not typical for a Confidentiality Agreement. [Panus, Stephanie] We use arbitration for settling all issues other than for injunctive relief. Let me know if the proposed changes are acceptable. If you could fax back a signed copy today, I can send financials to you via Federal Express for delivery to Wendi Lebrocq by tomorrow. Thanks and best regards, Timothy O. Wise, VP Finance California Energy Exchange Corporation 2981 Gold Canal Drive Rancho Cordova, CA 95670 Direct (916) 463-0304 Main (916) 859-4710 Fax (916) 859-4747 E-Mail Twise@gasbiz.com -----Original Message----- From: Panus, Stephanie [mailto:Stephanie.Panus@ENRON.com] Sent: Wednesday, October 17, 2001 7:13 AM To: Twise@gasbiz.com Cc: Lebrocq, Wendi Subject: Confidentiality Agreement with Enron Mr. Wise, Attached for your review is the form of Confidentiality Agreement which Enron prefers. Such Agreement provides more protection for the Counterparty and limits the Agreement to a term of one year. If such Agreement meets with your approval, we will prepare execution copies. If you have any questions or comments, please contact me via email or at the number below. <<031CA(calif en xchg).doc<< Stephanie Panus Senior Legal Specialist Enron Wholesale Services 1400 Smith Street, EB3803C Houston, Texas 77002 ph: 713.345.3249 fax: 713.646.3490 email: stephanie.panus@enron.com ********************************************************************** This e-mail is the property of Enron Corp. and/or its relevant affiliate and may contain confidential and privileged material for the sole use of the intended recipient (s). Any review, use, distribution or disclosure by others is strictly prohibited. If you are not the intended recipient (or authorized to receive for the recipient), please contact the sender or reply to Enron Corp. at enron.messaging.administration@enron.com and delete all copies of the message. This e-mail (and any attachments hereto) are not intended to be an offer (or an acceptance) and do not create or evidence a binding and enforceable contract between Enron Corp. (or any of its affiliates) and the intended recipient or any other party, and may not be relied on by anyone as the basis of a contract by estoppel or otherwise. Thank you. ********************************************************************** - edited 031CA(calif en xchg).doc << File: edited 031CA(calif en xchg).doc <<
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