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Derek, I spoke to Stephanie yesterday and she updated the Confidentiality Agreement following our discussion. The following references status of the points discussed: 1. The updated agreement includes a definition of "affiliate". This is acceptable to me. 2. Two year term. This is okay. 3. Request for Californiajurisdiction. Stephanie said they could not agree to a Californiajurisdiction. Her argument calling for a New Yorkjurisdiction is that the purpose of the Confidentiality Agreement is to facilitate a credit review, and Enron is familiar with dealing with credit matters under New Yorklaw. 4. Arbitration. I told her we would agree to no changes on Arbitration wording from Enron format. I told Stephanie that I would discuss with you before I get back to her. Thanks. Tim -----Original Message----- From: Panus, Stephanie [mailto:Stephanie.Panus@ENRON.com] Sent: Thursday, October 25, 2001 12:27 PM To: twise@gasbiz.com Subject: Confidentiality Agreement Tim, Please see the attached revised CA - the changes are highlighted. If these changes are acceptable, I will prepare execution copies. <<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. ********************************************************************** - 031CA(calif en xchg).doc
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