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per my vm
----- Forwarded by Elizabeth Sager/HOU/ECT on 07/11/2000 05:10 PM ----- Elizabeth Sager 07/11/2000 05:01 PM To: Kevin M Presto/HOU/ECT@ECT, Rogers Herndon/HOU/ECT@ect cc: Subject: Draft TVA memo to Delainey Confidential; Attorney client work product; Not discoverable Here is a rough draft. I will also start on TVA letter. Per my earlier vm, I am struggling with the benefit of a 2 year proposal vs. 7. I'm not sure if we get any "cap" benefit from making a seven year deal even if TVA doesn't accept our offers (benefit would assume that TVA has an obligation to cover entire position which is contrary to what our outside counsel has said in the past. According to Bob, since TVA is asking for specific performance, it may not be reasonable for TVA to cover entire period. I will try to talk to him tonight.). If TVA accepts one of our proposals and then we lose the termination argument, what do we do? Supply? Terminate Again? In either case our proposal for 7 years will likely not cap our damages. Let me know what you think. I'll be in early tomorrow. Thanks
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