Looks good to me with the following suggestions:


2.2	Service Level Agreement.  EBS will use commercially reasonable efforts to provide the EBS Services in accordance with Appendix 2 to the Services Agreement; provided, however, Microsoft shall not be entitled to Liquidated Damages or other damages in the event of any SLA Failure.  Microsoft recognizes that the EBS Services has yet been through testing and that as a result the performance of the EBS will be negatively impacted.  EBS will use commercially reasonably efforts to test the system concurrently with delivering the EBS Services. NOTE:  (This may not be necessary as 1) there are no damages  2)  we are only held to a commercially reasonable standard anyway.

	2.3	Termination for Convenience.  Microsoft shall not be entitled to terminate the Services Agreement for convenience or for any other reason, except as expressly set forth in Sections 12.1.1, 12.1.2, and 12.1.4 of the Services Agreement.  Also 12.1.3  (EBS right to terminate)?




 -----Original Message-----
From: 	Edison, Andrew  
Sent:	Friday, October 26, 2001 12:04 PM
To:	Fallon, Jim; Seeligson, Stewart; Racicot, Paul; Dimichele, Rich; Haedicke, Mark E.; Schuler, Lance (Legal); Hicks, Michelle; Koogler, David; Schrage, Adam; Plante, Everett
Subject:	MSN

As you know, news of the lawsuit has hit the Dow Jones wire.  I have also just received confirmation that formal service was accomplished in Austin about 45 minutes ago.