Message-ID: <3394418.1075860497528.JavaMail.evans@thyme> Date: Fri, 9 Jun 2000 09:02:00 -0700 (PDT) From: michelle.cash@enron.com To: kriste.sullivan@enron.com Subject: APS Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Michelle Cash X-To: Kriste Sullivan X-cc: X-bcc: X-Folder: \Michelle_Cash_Dec2000\Notes Folders\Sent X-Origin: Cash-M X-FileName: mcash.nsf FYI. ----- Forwarded by Michelle Cash/HOU/ECT on 06/09/2000 04:02 PM ----- Mark Holsworth@ENRON 06/09/2000 10:53 AM To: Michelle Cash/HOU/ECT@ECT, Sharon Butcher/Corp/Enron@ENRON, Philippe A Bibi/HOU/ECT@ECT, Tom O Moore/NA/Enron@ENRON cc: Rex Rogers/Corp/Enron@Enron Subject: APS I received a call from Gene Diers today about what he believes may be going on with changes to my Agreement for Project Services ("APS") and how we operate. There are business and legal reasons for the APS being in the name of Enron Corp. If we sell a company and the APS was in the name of a subsidiary, we would have to get the sold subsidiary to license the computer software to us. Given the inability to determine this at the time everyone is pushing to sell the subsidiary, we could end up without any software or having to pay a substantial amount of money to the buyer later on when we discover the mistake. Secondly, allowing all subsidiaries to negotiate different versions with vendors would be a nightmare and create five times the number of agreements to file. I am opposed to this. Every time we sell a company, the software has always been an issue. We are as I told you before trying to fix something that is not broken.