Message-ID: <28929226.1075845779121.JavaMail.evans@thyme> Date: Wed, 25 Oct 2000 00:35:00 -0700 (PDT) From: kay.mann@enron.com To: scott.healy@enron.com Subject: FuelCell contract questions Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Kay Mann X-To: Scott Healy X-cc: X-bcc: X-Folder: \Kay_Mann_June2001_2\Notes Folders\Discussion threads X-Origin: MANN-K X-FileName: kmann.nsf Hi Scott, I have some questions: The obligation to try to improve performance about the specific performance (ie minimum) standards frequently has a time limit, say 6 months. Do you have a sense for the appropriate time period here? Would it make sense to require them to work longer on the first 2.0 and 2.4 than the rest? Will we have a drawing number for a standard foundation design, or will we need to put words around it. I know we discussed the need for pilings as the most significant change. Do you think that this difference is enough? Did I understand that we want them to pay us at the end for non-standard foundations (as opposed to a credit). On termination, are we going with the average value no matter what the reason for termination, with a rep along the lines of whay you wrote, plus some monitoring ability. On assignment, they mentioned a corporate guaranty. I was thinking of using something broader due to various financing/balance sheet considerations, perhaps tying it to a guaranty from a BBB rated entity. Do we want an option to have them store these, which would then impact payment? Thanks, Kay