The problem as I see it with respect to a material default argument is that 
Article 16 re TD&I doesn't set a standard as to how/when such services will 
be furnished by GE.  Does Ex. H-1 set forth such criteria or does it merely 
describe the types of services furnished?  

Maybe in Article 16 we could try to put similar timing and cover  provisions 
as found in Article 14 re GE's warranty obligations. 

As we all know presently TD&I is a touchy subject with all the GTG vendors as 
a result of record equipment orders and lack of qualified technical reps.

I agree that the LD's don't apply as presently drafted and that we should 
discuss internally with the team before we launch back our position to GE.  
Any suggestions from the rest of the group? 




	John G Rigby
	05/23/2001 03:10 PM
		 
		 To: Scott Dieball/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT
		 cc: 
		 Subject: RE: Rev5 of the GE World Hunger T&Cs

Lets discuss before replying.  Do  you think lack of TDI would be material 
breach.   At first I was thinking Take Over would work, but it is related to 
Equipment.
----- Forwarded by John G Rigby/ENRON_DEVELOPMENT on 05/23/2001 03:07 PM -----

	Bill Williams/ENRON@enronXgate
	05/23/2001 03:02 PM
		 
		 To: John G Rigby/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT
		 cc: Eric Booth/ENRON@enronXgate, Sheila Tweed/HOU/ECT@ECT
		 Subject: RE: Rev5 of the GE World Hunger T&Cs

John my only comments are in article 12 - do not be so specific in naming 
policy number and date.  ENA changes its policy - we'd need to revise the 
agreement.

Also - in Article 16 - is there a way to say lack of TDI support would be a 
default condition and may be cause for penalty LDs?  We are hearing some 
stories where GE is so short on being able to supply TDI - that weeks have 
gone by where installation of the GTs are delayed.  Are there any provision 
ties to LDs associated with Article 16? If not - we need them.


 -----Original Message-----
From:  Rigby, John  
Sent: Tuesday, May 22, 2001 4:01 PM
To: Tweed, Sheila; Jacoby, Ben; Bills, Lisa; Engeldorf, Roseann; Dieball, 
Scott; Stephen.swift@ps.ge.com; Michael.barnas@ps.ge.com; 
Kent.shoemaker@ae.ge.com; Mann, Kay; john.schroeder@ps.ge.com; Williams, 
Bill; Hearn III, Ed; Rigby, John; pthompson@akllp.com
Subject: Rev5 of the GE World Hunger T&Cs

Attached is a clean version of Rev 5 and a redline to Rev 4 of the draft 
"World Hunger" document.  The Enron team has not had the opportunity to 
review this draft, thus I must reserve Enron's rights to make withdraw and 
add changes. 

 << File: GE Agreement - Version 5.DOC >>  << File: Comparison of GE Turbine 
Agreement, Versions 4 to 5.DOC >>