louie, i do not expect the navajos to abort this deal
by a hard line position on the standard terms and
conditions. i do expect that they will take a hard
line position until they believe we mean what we say.
we have had completely contradictory expressions from
them--at one time they said they understood our
concerns and thought they could accomodate them. at
others times they have said "standard terms and
conditons, take it or leave it". i agree with lynn
that we should have very low expectations of federal
courts relieving us of the terms of our deal--perhaps
only to the extent the public interest demands it.
this is clearly a management call, but i continue to
recommend against taking the risks associated with the
general terms and conditions. jim
--- Louis.Soldano@enron.com wrote:
> Larry Ruzow met with the Navajo DOJ (a Jim Fitting,
> Esq. ) yesterday
> afternoon on another matter.  In the course of the
> meeting,
> Mr. Fitting made clear that the DOJ will oppose any
> deal that calls for
> disputes to be adjudicated in any
> forum other than the Navajo Nation Courts (and that
> this meant DOJ
> opposition to arbitration as well.)
>
> Larry expressed that we should not expect Ms. Tapahe
> (who is more militant
> on sovereignty-related
> issues) to be willing to compromise on forum issues.
>
> He did remind me of the Resources Committee process.
>
> At this point we will attempt a meeting regardless
> and report back on
> progress.
>
>
>
>


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