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Enron Mail |
Andrew - here are my comments as shown on the attached marked draft.
If anyone else has other comments, please let me know as soon as possible. Justin Enron Capital & Trade Resources Corp. From: Andrew.Wilkinson@cliffordchance.com 20/07/99 17:08 To: lkitchen@enron.co.uk, ssefton@enron.co.uk, jboyd@enron.co.uk, ekapralova@enron.co.uk, Mark - ECT Legal Taylor/HOU/ECT, pgoddard@enron.co.uk, ecooper@enron.co.uk, Christopher.Millard@cliffordchance.com, Timothy.Hughes@cliffordchance.com cc: (bcc: Justin Boyd/LON/ECT) Subject: Legal & Privacy Statement <<Legal and Privacy.doc<< <<Legal and Privacy.rtf<< Further to our conference call yesterday, please find attached a revised draft of the Legal and Privacy statement with a further copy marked up to show the changes from the previous draft. I have changed the trade mark wording in the first clause. This should be sufficient wording to identify third party trade marks used on the website provided that you are only using those third party trade marks in order to identify third party products and, of course, are not using them in order to trade. In Clause 2, I have stated that the ETA and other general terms and conditions are available by writing to your head of legal. As I have mentioned before, my preference would be for the ETA to be available to a counterparty at the time of signing the Password Application. This would help to avoid any potential argument by a counterparty that the terms of the ETA have not been incorporated by reference at the time of signing the Password Application because the counterparty did not know what it was signing. Nonetheless, I understand that you do not wish to do this and will rely upon the counterparty printing off the ETA prior to clicking its acceptance to it on the website. Do you want the counterparties to also be able to get copies of the General Terms and Conditions by writing to you or should this just be restricted to the ETA? Finally, I have incorporated changes into the disclaimer to avoid the need for the Read Only ETA. However, it will be important to ensure that when allocating passwords on a read only basis, it is made clear to the counterparty that they cannot trade on the website and that you are entitled to terminate their access at any time immediately with or without notice. Clearly, the read only access must allow the counterparty to open and read the Legal and Privacy statement. I look forward to receiving your comments on this. Kind regards Andrew Wilkinson - Legal and Privacy.doc - Legal and Privacy.rtf
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