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Enron Mail |
Peter
Welcome to Enron! I usually get to the London office a couple of times a year and will look forward to meeting you there. If not, hopefully we'll see you at the Law Conference in the Spring. Most of your e-mail is well outside my area of expertise. Are you consulting me regarding the regulatory issues and section 10.2? If so, it would help if you told me what 10.2 says..... Feel free to give me a call if you'd like to discuss. Mark Peter Traung@ENRON 01/18/2001 01:51 PM To: Mark Taylor/HOU/ECT@ECT cc: Subject: Re: Late Delivery Mark, I'm a new lawyer at Enron Europe, working with Mary Nell on the broadband team. Robbi and I have had the below email coorespondence, and Robbi suggested that I check with you. Any thoughts? ---------------------- Forwarded by Peter Traung/EU/Enron on 18/01/2001 19:46 --------------------------- Peter Traung 18/01/2001 08:18 To: Robbi Rossi/Enron Communications@ENRON COMMUNICATIONS cc: Subject: Re: Late Delivery Robbi, I assumed that to be the way it would work, which seems to require that total non-performance is viewed as an SLA failure, presumably then in the form of Unavailability - if no seconds are delivered at all, then Unavailable Seconds certainly exceed any normal threshold - resulting in Credits. But I was not able to access the actual definition of Unavailable Seconds thru the www.ansi.org website, but someone here should have them. There would then also be a cut-off date, beyond which Buyer would not have to be satisfied with only receiving Credits, when the Unavailable Seconds exceed the threshold determined for Product Termination Event thus enabling Buyer to terminate. But would not this construction become a bit strained if the ANSI standard refers to seconds that are unavailable in an otherwise up and running connection (as the reference to path performance monitoring may suggest)? When you prepared the document, did you consider explicitly dealing with total non-performance (for example, by explicitly stating, for the sake of clarification, that Unavailable Seconds shall also include the case where no seconds are delivered at all)? I understand that 10.2 (ii) is based on US regulatory requirements. Are there any other sections that are solely based on such requirements? Robbi Rossi@ENRON COMMUNICATIONS 17/01/2001 21:46 To: Peter Traung/EU/Enron@Enron cc: Subject: Late Delivery Peter, In response to your voice message, if our supplier fails to deliver on time, we are entitled to collect liquidated damages from such supplier. If we have resold the circuit and are unable to deliver to our customer because of the failure of our supplier, we in turn will have to pay our customer liquidated damages for late delivery. This is why it is so important to "back to back" the trades to the extent possible. Please let me know if you have any other questions. Hang in there! Robbi Rossi Sr. Counsel Enron Broadband Services Phone: (713) 345-7268 Fax: (713) 646-8537
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