Don't be too hard on him just yet.  Remember that we talked about many 
similar issues here when they first came up.  Maybe after we've been through 
these with him once he will negotiate them in the first case and only bring 
the tough sticking points to us.




Louise Kitchen
01/17/2000 02:25 PM
To: Mark Taylor/HOU/ECT@ECT
cc: Justin Boyd/LON/ECT@ECT, David Forster/LON/ECT@ECT 
Subject: Eastern - Summary of their Response to PA/ETA

Please deal with this for me - but my initial thoughts are that we cannot 
address the majority of these.

Thanks

---------------------- Forwarded by Louise Kitchen/LON/ECT on 01/17/2000 
08:22 PM ---------------------------


David Forster
01/14/2000 06:43 PM
To: Louise Kitchen/LON/ECT@ECT
cc:  

Subject: Eastern - Summary of their Response to PA/ETA

I'm running out of time - can you handle?

Thanks,

Dave
---------------------- Forwarded by David Forster/LON/ECT on 14/01/2000 18:41 
---------------------------


Justin Boyd
14/01/2000 11:36
To: David Forster/LON/ECT@ECT
cc: Edmund Cooper/LON/ECT@ECT 

Subject: Eastern - Summary of their Response to PA/ETA

PA

They wish to amend the PA such that:

Enron warrants that their use of the passwords and the Website does not cause 
them to breach any third party rights 
they only notify us of unauthorised disclosure or use of passwords upon their 
learning of the same.
they can withdraw or amend information provided to Enron from time to time

ETA

They do not want to be bound by future terms and conditions imposed by Enron 
(see 1(iii))
They wish to restrict our use of information to Enron Group companies (see 
last sentence of 2(b))
They feel unable to make the statement in the first sentence of 2(d), since 
they trade through various group company agents on behalf of a BV principal
To establish a tangible audit trail and for verification, they wish to be 
able to verify our paper confirms (see 3(e))
They wish to restructure the indemnity entirely (see 4), such that each party 
is liable for losses suffered by the other due to its own wilful 
default/negligence/omission.
They wish to have the right to terminate the ETA (see 6(a)), and wish that 
electronic notices be deemed sent when the sender receives notice from the 
system of delivery or failed delivery (see 6(e)).

Some of these are more important than others, but there are some key points.  
Please let me know what you think - thanks

Justin