Message-ID: <20510519.1075845787391.JavaMail.evans@thyme> Date: Mon, 27 Nov 2000 03:28:00 -0800 (PST) From: eric.boyt@enron.com To: mike.coleman@enron.com, ben.jacoby@enron.com, jeffrey.keenan@enron.com Subject: City of Austin Agreement - Update Cc: billy.lemmons@enron.com, kay.mann@enron.com, sheila.tweed@enron.com, roseann.engeldorf@enron.com Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit Bcc: billy.lemmons@enron.com, kay.mann@enron.com, sheila.tweed@enron.com, roseann.engeldorf@enron.com X-From: Eric Boyt X-To: Mike Coleman, Ben Jacoby, Jeffrey Keenan X-cc: Billy Lemmons, Kay Mann, Sheila Tweed, Roseann Engeldorf X-bcc: X-Folder: \Kay_Mann_June2001_2\Notes Folders\Discussion threads X-Origin: MANN-K X-FileName: kmann.nsf Ben/Mike/Jeff, Here is a quick update and a request for your assistance: On Wednesday, November 22, ENA sent West LB a 5-day notice indicating our intent to exercise the purchase option by Friday. On Friday, November 30, ENA will execute the purchase option and at that time own the 4 turbines for the Austin project. Hopefully, by the end of the week, ENA and GE will execute the breakout agreement which will ensure, primarily, that the GE warranties attached to the 4 Austin turbines are completely conveyed to ENA. Attached is the latest draft of the GE Breakout agreement between ENA and GE. In order to complete the breakout agreement, the lawyers need you guys to review section 10 regarding site specific performance guarantees and provide comments. Also, please let us (Kay Mann and myself) know what Exhibit F and U should contain. The GE lawyers indicated they would provide the first draft soon. Let us know you thoughts as soon as possible. Regards, Eric ---------------------- Forwarded by Eric Boyt/Corp/Enron on 11/27/2000 11:15 AM --------------------------- Kay Mann 11/27/2000 09:05 AM To: Eric Boyt/Corp/Enron@Enron, Catherine Clark/HOU/ECT@ECT, Stuart Zisman/HOU/ECT@ECT cc: Sheila Tweed/HOU/ECT@ECT, Roseann Engeldorf/Corp/Enron@ENRON Subject: City of Austin Agreement FYI. I hope to have a conversation with GE today regarding finishing this document, including the exhibits. Kay ---------------------- Forwarded by Kay Mann/Corp/Enron on 11/27/2000 08:58 AM --------------------------- "Thompson, Peter J." on 11/22/2000 02:42:23 PM To: "Kay Mann (E-mail)" cc: "Pipitone, Paul" , "Cobb, Chris" Subject: City of Austin Agreement Attached please find a clean copy of the City of Austin Facility Agreement, as well as a blackline showing changes to the document agreed to by GE. To complete the agreement the following needs to be inserted: 1. For the recitals, the kW capacity of its plant and the location of the plant. 2. All exhibits, including Exhibit N-3 (which is the original price for each unit) and Exhibit U, which contains the Site specific material. The Table of Contents should then be run to include all of the exhibits. 3. The agreement reference in 6.7.1 4. The payee and address for invoices in 6.7.2 5. The names, addresses, etc. for Sections 25.1 and 25.3 <> <> - Comparison of the Gas Turbine Agreement.DOC - 00.DOC