Message-ID: <17047705.1075853346625.JavaMail.evans@thyme> Date: Tue, 12 Jun 2001 07:19:00 -0700 (PDT) From: dan.hyvl@enron.com To: djhyvl@aep.com Subject: City of Houston - Reimbursement Agreement Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Dan J Hyvl X-To: "Dan Hyvl" X-cc: X-bcc: X-Folder: \Dan_Hyvl_Nov2001\Notes Folders\Sent X-Origin: Hyvl-D X-FileName: dhyvl NonPriv.nsf ----- Forwarded by Dan J Hyvl/HOU/ECT on 06/12/2001 02:18 PM ----- rrrose@aep.com 06/07/2001 12:34 PM To: dan.j.hyvl@enron.com cc: Subject: City of Houston - Reimbursement Agreement Senior Hyvl, Does the following correspond to your voice mail message from last Friday? I believe that I was able to follow it pretty closely. HPL, ON BEHALF OF ITS OFFICERS, AGENTS, BONDING COMPANIES, EMPLOYEES AND ANY OTHER PARTY EMPLOYED OR CONTRACTED BY HPL TO PERFORM UNDER THIS AGREEMENT (COLLECTIVELY REFERRED TO IN THIS SECTION AS "HPL"), COVENANTS AND WARRANTS THAT IT WILL PROTECT, DEFEND, AND HOLD HARMLESS THE CITY, ITS EMPLOYEES, OFFICERS, AND LEGAL REPRESENTATIVES (COLLECTIVELY REFERRED TO IN THIS SECTION AS THE "CITY") FROM ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, AND LIABILITY, INCLUDING DEFENSE COSTS, RELATING IN ANY WAY TO DAMAGES, CLAIMS OR FINES ARISING BY REASON OF OR IN CONNECTION WITH HPL'S SOLE NEGLIGENCE OR OTHER ACTIONABLE PERFORMANCE OR OMISSION OF HPL IN CONNECTION WITH OR DURING THE PERFORMANCE OF THE DUTIES UNDER THIS AGREEMENT, EXCEPT TO THE EXTENT THAT SUCH CLAIMS, DEMANDS, OR LIABILITY RESULTS FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY, ITS CONTRACTORS, AGENTS OR ASSIGNS. As usual, THANKS FOR YOUR HELP!!! r