Craig -

I have looked over the attached document.  Based upon the draft we provided 
in January, Orbian has made a number of changes which are acceptable to me.  
Only the following present issues:

1.  Paragraphs 3(a), 3(b) and 6 - The original form of this agreement had 5 
years as the time period for protection and return of confidential 
information.  We had proposed 1 year and they have now come back with 3 
years.  The timing under other Enron NDA's is generally 2 years.  
Accordingly, this time period should be suggested for these paragraphs.

2.  Paragraph 3(d) - I had previously deleted the phrase "and each such copy 
shall be marked with the same proprietary notices that appear on the 
originals (if any)."  Orbian now wants to keep this phrase.  Since this 
presents an administrative burden which we do not support now, it makes 
little sense to maintain this with the agreement.  Accordingly, it should be 
deleted.

3.  Paragraph 7 - The added provisions of "and/or their Affiliates" should be 
deleted in two places.  The affiliates of the parties are not third party 
beneficiaries of this Agreement, nor signatories to the agreement.  
Accordingly, any action they may have against Enron would be outside of this 
Agreement.

Otherwise, the agreement looks fine.

Please let me know if you should need anything further.


Mark
Senior Counsel, EWS
Phone:     713-345-8897
Facsimile: 713-646-3490
E-Mail:      Mark.Greenberg@enron.com



	Craig Chaney/ENRON@enronXgate
	05/01/2001 02:52 PM
		 
		 To: Mark Greenberg/NA/Enron@ENRON
		 cc: 
		 Subject: FW: FW: Confidentiality Agreement with Enron Credit


Mark,
Could you please review this Confidentiality Agreement.  Is there any chance 
that you could get it completed by the end of the week?  I will be meeting 
them soon and they need to have this agreement in place.

Please let me know.

Thanks,
Craig
 -----Original Message-----
From:  Johnson, Gillian  
Sent: Monday, April 30, 2001 2:10 PM
To: Harris, Bruce
Cc: Craig Chaney/HOU/ECT@ENRON
Subject: Re: FW: Confidentiality Agreement with Enron Credit

You may also be interested in Orbian.  They are looking for ways to shed the 
risk they are incurring as they iossue something called Orbian credits.  
There may also be partnering sorts of opportunities but the potential 
poretfolio opps may be greater in the short run.  

Stop by if you want a quick review of who they are (from my less than stellar 
memory)

Gillian
---------------------- Forwarded by Gillian Johnson/HOU/EES on 04/30/2001 
02:06 PM ---------------------------


Gillian Johnson
04/30/2001 10:58 AM
To: <william.follini@orbian.com>
cc: Craig Chaney 
Subject: Re: FW: Confidentiality Agreement with Enron Credit  

Bill,

Good to hear from you.  I am forwarding this mesage to Craig Chaney who is 
Enron Credit's Director of Product Development since I have moved to another 
division within Enron.  Please feel free to contact him directly at 
713-853-3840 for further discussions.

Thank you and good luck in developing a mutually beneficial relationship.

Gillian Johnson



"Bill Follini" <william.follini@orbian.com> on 04/30/2001 08:42:14 AM
Please respond to <william.follini@orbian.com>
To: <Gillian.Johnson@enron.com>
cc: <Mark.Greenberg@enron.com>, <George.Zivic@enron.com>, "Laura Petersen 
\(E-mail\)" <laura.petersen@orbian.com> 
Subject: FW: Confidentiality Agreement with Enron Credit


Gillian,

I know this has taken a while but we
are still interested
in discussions with your organization
on opportunities.

Attached is a revision to our CA based
on your input.  Can
you please followup with Laura and
provide her with your comments.

Regards,
Bill

mailto:william.follini@orbian.com
Director of Sales, Americas
767 Third Ave. 19fl, NY NY 10017
+ 1 (212) 851-8310 office
+ 1 (212) 223-1799 fax
+ 1 (646) 436-6600 cell
+ 1 (509) 694-4804 efax
www.orbian.com

This email is confidential and may also
be privileged. If you are not the
intended recipient, please notify the
sender immediately. Any viewing,
copying, distribution, disclosure or
other use by anyone who is not the
intended recipient is  strictly
prohibited.


 - NDA Orbian Markup 13.02.01.pdf