|
|
Enron Mail |
I've reviewed the O&M Agreement and here is a summary of the provisions we
might use in describing to the Commission why it meets the requirement that TW have control over the compressor motor. The O&M Agreement (OMA) provides that ECS will pay TW a fee for operating and maintaining the compressor motor facilities as described in the agreement. TW, as Operator, is required to operate and maintain the motor facilities pursuant to and consistent with i) the policies and procedures of Enron Operating Company's Standard Operating Procedures, a copy of which has been approved by Operator, ii) the requirements of all laws (which includes regulations, rules, orders, or other similar action of any governmental authority), and iii) the OMA. Operator is required to provide O&M services described in the agreement, including procuring and furnishing, at its sole cost and expense, all materials, equipment, services, supplies and labor necessary for routine operation and maintenance in accordance with all material agreements, laws, incurance policies and permits. Additionally, Operator is responsible for filing all reports required by law and obtaining any permits, licenses and approvals required by law. Operator is responsible for taking appropriate action in case of an emergency. ECS has the right to observe and consult with Operator in connection with performance of Operator's duties, in order to ensure compliance with the OMA. A bad fact: The agreement is terminable by either party upon 30 days written notice. Since this ostensibly ECS could ostensibly replace TW at any time with
|