Message-ID: <31276235.1075846020705.JavaMail.evans@thyme>
Date: Mon, 21 May 2001 05:28:00 -0700 (PDT)
From: kay.mann@enron.com
To: pthompson@akllp.com
Subject: World Hunger- Section 9.6 Additional tests - text of attachment
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9.6  Additional Factory Testing
.  In the event that Purchaser reasonably determines that a factory test=20
conducted by Seller or its Subcontractors was not conducted properly or the=
=20
results of the test were inconclusive Purchaser may required Seller to repe=
at=20
such test in a fashion as to obtain conclusive results. =20

Purchaser may request Seller or its Subcontractors to  perform one or more =
of=20
its factory  tests using more precise instrumentation than planned, or=20
conduct a test not in Seller=01,s or its Subcontractor=01,s standard factor=
y test=20
program.  In the case of a Purchaser request for an additional non standard=
=20
factory test the conduct of such test shall be subject to mutual agreement =
by=20
the parties. =20

In the event as a result of such Purchaser requested repeat test, ormore=20
precise instrumentation or non standard test  the Equipment is found to not=
=20
be compliant with the requirements of this Agreement, Seller shall correct=
=20
such noncompliance and the cost and time associated with such testing shall=
=20
be to Seller=01,s account.  If the Equipment is found to be compliant with =
this=20
Agreement, Seller shall be eligible for a Change Orderfor the cost and time=
=20
associated with such testing.
---------------------- Forwarded by Kay Mann/Corp/Enron on 05/21/2001 12:27=
=20
PM ---------------------------


John G Rigby@ENRON_DEVELOPMENT
05/17/2001 05:13 AM
To: Kay Mann/Corp/Enron@Enron, Scott=20
Dieball/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT, Sheila Tweed/HOU/ECT@ECT, Ed B=
=20
Hearn III/HOU/ECT@ECT, pthompson@akllp.com, Scott=20
Dieball/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT, John=20
Schwartzenburg/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT, Bill Williams/PDX/ECT@E=
CT
cc: =20

Subject: World Hunger- Section 9.6 Additional tests

Per the conference call of Wednesday, I revised Section 9.6 (with Scott=20
fixing my drafting).  Attached document contains a redline of the section.

I think this can be included in the version that goes to GE.  I discussed t=
he=20
concept with Jim Sutherland- he agreed with relaxing the unilateral=20
requirement in the case of GE.  We would not want to do this in the case of=
=20
other vendors.