Message-ID: <32455666.1075859795909.JavaMail.evans@thyme> Date: Tue, 3 Apr 2001 04:26:00 -0700 (PDT) From: peter.keohane@enron.com To: john.lavorato@enron.com, rob.milnthorp@enron.com, mark.haedicke@enron.com Subject: NGX Settlement Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Peter Keohane X-To: John J Lavorato, Rob Milnthorp, Mark E Haedicke X-cc: X-bcc: X-Folder: \Mark_Haedicke_Jun2001\Notes Folders\All documents X-Origin: Haedicke-M X-FileName: mhaedic.nsf I spoke to NGX's counsel this morning. Frankly, he was not as sanguine as I would have hoped on two issues: (i) The non-compete - he was of the view that although NGX had agreed, Enerdata had and may not. I told him he needed to do his best to convince Enerdata, as we would not move on this point. (ii) Certain of the criteria for inclusion - I told him we could not agree to any criteria that indirectly or directly restricted the form of products we transact on EOL, the times that EOL is available for trading, or which provide NGX the discretion to exclude our data once the lawsuit is released. He is going to speak to his clients and get back to me over the next couple of days. I did take the posture that we tired of negotiating the matter and that I did not have room to move on these issues. Peter. ---------------------- Forwarded by Peter Keohane/CAL/ECT on 04/03/2001 11:06 AM --------------------------- Enron Capital & Trade Resources Canada Corp. From: Peter Keohane 04/02/2001 11:57 AM To: John J Lavorato/Corp/Enron, Rob Milnthorp/CAL/ECT@ECT, Mark E Haedicke/HOU/ECT@ECT cc: Subject: NGX Settlement I provided my comments on the most recent drafts, deleting the non-compete entirely. I have a call with NGX's lawyer tomorrow at 9:00a.m. I will let you know if there are any problems other than drafting. Peter.