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Enron Mail |
FYI - we'll need to discuss at our 9 am meeting.
---------------------- Forwarded by Randal Maffett/HOU/ECT on 12/06/2000 08:58 AM --------------------------- Steve Hamilton <Steve@ECOGAS.com< on 12/06/2000 08:43:31 AM To: "'randal.maffett@enron.com'" <randal.maffett@enron.com< cc: "'ddaniels@bracepatt.com'" <ddaniels@bracepatt.com<, "'rstephens@bracepatt.com'" <rstephens@bracepatt.com<, Kelly Mahmoud <Kelly@ECOGAS.com< Subject: FW: Agreement and Release of Claim -----Original Message----- From: Thomas Hall [mailto:tomhall@usa.com] <mailto:[mailto:tomhall@usa.com]< Sent: Wednesday, December 06, 2000 12:46 AM To: Steve Hamilton Subject: RE: Agreement and Release of Claim Steve, Thank you for the offer and your follow-up phone call. I have reviewed the offer and cannot accept it. I am owed more than the $44,463.88 you admit in the offer. At this time I am not anywhere near being agreeable to releasing ECOGAS, its shareholders, partners, or affiliates or each of their respective directors, officers, employees, agents, representatives, and insurers as specified in the document. If you in fact have $22,231.94 allocated to pay me, I would strongly encourage you to consult with counsel and then to go ahead and make another partial payment against the ECOGAS indebtedness. Doing so will certainly mitigate some of the damages that have been caused by a member or members of the group you have defined as ECOGAS Related Parties. Put simply, the more I receive from ECOGAS, the less I will be seeking to collect from a related party who is liable to me. Nothing stops you from making the appropriate partial payment other than your continued practice of making preferential payments to my detriment. Until the ECOGAS Related Parties or its member(s) are prepared to fully compensate me, I will not execute any release. If ECOGAS declares insolvency in the interim, so be it, I look forward to working with the trustee to reverse the preferential payments in accordance with the bankruptcy code. I repeatedly advised you against making preferential payments if you had knowledge that the company was insolvent. In Felipe Vega's presence, I repeatedly advised you to seek counsel. If I should determine that you, or any other party, in fact authorized me to perform work at a time that you or another party knew or should have known that ECOGAS was or was becoming insolvent, and therefore had no intention to pay for the work being authorized, I am fully prepared to collect for any shortfall or other damages from the appropriate party or parties. Since the documents indicate that Mr. Maffett stated that you and the controller knew that the company was insolvent when you were authorizing work, I conclude that you were at least complicit in leading me to perform work at a time that you had no intention of compensating me from company funds. Therefore, I must reasonably assume, unless your intention was fraudulent, that you intended to compensate me from your own funds, or from funds promised by another party. I am sure that you have been fully compensated for the time you have spent at ECOGAS since February and I fully expect to be compensated for the work I performed during the same period. I recommend that you look seriously at the path ahead, consult with your counsel, and then immediately pay me in full. Please let me know if you need my wire transfer instructions again. If you have any questions, please do not hesitate to continue contacting me or to have your attorney contact me. Since you continue to contact me and I have received no response from Doug Daniels, I am assuming that Bracewell & Patterson prefers not to accumulate any additional billable hours with an allegedly insolvent client. Doug and I had agreed not to unilaterally notice depositions in my current lawsuit, but I need to proceed with discovery. I am prepared to take your deposition on any workday between December 18th and December 29th. I sincerely regret that the Holiday season is going to be interrupted on this task, which regrettably will be unpleasant, but you are one of the parties that has forced this timeline. If Doug is to participate and still represents your company, please forward this reply to him and then let me know what date is good for you and for him. If he is not going to participate, please let me know a date convenient for you and any attorney you may be retaining. If I do not hear from you or your attorney, I will have no choice but to send you a deposition notice. By the way, my middle initial remains "L.", not "A." Some of the ECOGAS crowd may be calling me an "A-hole," but I am not an "A. Hall" Best regards, Tom -----Original Message----- From: Steve Hamilton [mailto:Steve@ECOGAS.com] <mailto:[mailto:Steve@ECOGAS.com]< Sent: Friday, December 01, 2000 5:28 PM To: 'tomhall@usa.com' Subject: Agreement and Release of Claim Tom: Please find attached the Agreement and Release of Claim ("Agreement") we discussed earlier. Please execute and return one copy of the Agreement to me (via fax is okay) by Tuesday, December 5, 2000. Should you have any questions or comments, please do not hesitate to call. Sincerely, Steve <<ECOGAS FORM RELEASE THOMAS A. HALL.doc<<
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