Subject: FW: Revised compromise proposal to Citizens
From: [email-masked]
To: [email-masked]
Cc: [email-masked], [email-masked]
Date: Fri, 8 Jun 2001 05:43:00 -0700 (PDT)

Dan:

I will call you to discuss.

C

 -----Original Message-----
From:  Soldano, Louis  
Sent: Friday, June 08, 2001 10:40 AM
To: Smith, Sarabeth; Bouillion, James L.; Hawkins, Don; Foster, Chris H.
Cc: Marye, David
Subject: RE: Revised compromise proposal to Citizens

I'VE HAD TO MODIFY THE INDEMNITY PROVISION SINCE WE ARE ATTACHING IT IN 
FULL.  THE ATTACHED INCORPORATES JIM'S COMMENTS AND CONFORMS THE INDEMNITY 
SECTION....THX

 -----Original Message-----
From:  Smith, Sarabeth  
Sent: Thursday, June 07, 2001 2:10 PM
To: Bouillion, James L.; Soldano, Louis; Hawkins, Don; Foster, Chris H.
Cc: Marye, David
Subject: Revised compromise proposal to Citizens

Lou,
Based on Jim's comments below, the attached revised version of the compromise 
proposal contains a change on the last page. 
 4444444444444444444444444444444444444444444444444444444444
Please let us know if any other changes need to be made to the document 
before sending it to Citizens.
We hope to send the proposal to Citizens tomorrow morning after you have 
returned to the office and had an opportunity to review this e-mail.
Also, to let you kinow, Citizens Communications as of the end of 2000 held $7 
Billion in assets and had adjusted EBITDA of $509 Million on revenues of $1.8 
Billion.
Question:  What percentage chance is there that a court might set the 
indemnity aside as Jim mentioned below in the previous e-mail?

Chris,
Jim mentioned that ENA might want to consider being an additional insured 
under the insurance policy.  Any thoughts or comments?

Best regards,
Sarabeth

 -----Original Message-----
From:  Bouillion, James L.  
Sent: Thursday, June 07, 2001 12:58 PM
To: Smith, Sarabeth; Soldano, Louis; Hawkins, Don; Foster, Chris H.
Cc: Marye, David
Subject: RE: Proposed Compromise to Citizens

Our liability should be limited to recoveries from the insurances required in 
the contract and specifically purchased for work under this contract. If 
covered by the policy, we will respond.  Losses, costs and expenses not 
recovered from the insurance, shall remain the obligation of Citizens. 

Once again, if they agree to the limitation, the continued concerns would be:
1. The indemnity would be set aside by a court.
2. The indemnity from Citizens does not hold or they are financially unable 
to respond.

Please advise if there are further questions.

 -----Original Message-----
From:  Smith, Sarabeth  
Sent: Wednesday, June 06, 2001 3:42 PM
To: Soldano, Louis; Hawkins, Don; Bouillion, James L.; Foster, Chris H.
Cc: Marye, David
Subject: Proposed Compromise to Citizens

Please review the attached proposed compromise to be sent to Citizens 
following internal review.  Lou worked with Don and myself to draft this 
document.  Jim and Chris, your comments are appreciated.  My apologies for 
the short turn around time, however, we need to get back to Citizens as 
quickly as possible due to the plant going commercial sometime between 6/18 
and 6/21.

 << File: Proposed Compromise 6-7-01.doc >>