Message-ID: <28300734.1075842753447.JavaMail.evans@thyme> Date: Fri, 12 Jan 2001 07:27:00 -0800 (PST) From: dlocascio@bracepatt.com To: kcglc@alltel.net, apalizzi@yahoo.com Subject: Form of O&M Agreement Cc: dwight.beach@enron.com, gerald.nemec@enron.com Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit Bcc: dwight.beach@enron.com, gerald.nemec@enron.com X-From: "David Locascio" X-To: , X-cc: , X-bcc: X-Folder: \Gerald_Nemec_Dec2000_June2001_2\Notes Folders\All documents X-Origin: NEMEC-G X-FileName: gnemec.nsf is attached. I appreciate everyone's patience in waiting for it, but as you will see alot needed to be changed based upon the parties' discussions. The revised agreement contemplates attaching as Schedule 5 coal testing and Btu adjustment provisions which I would prepare based upon whatever Enron engineers come up with on these issues. Please note that I have incorporated the insurance provisions that were just e-mailed to me, but they require some cleaning up. Please also note that contrary to what we were saying yesterday, the respective owner's would not be able to execute the O&M agreements on Monday because Enron would not control those entities then. Only when the closing occurs and Enron takes control of the 2 owners would they have the authority to sign on behalf of those entities. In any event, as I mentioned yesterday, my home number is (713) 780-9122. If you cannot reach me at work, please try me there. Best regards. David W. Locascio Bracewell & Patterson, L.L.P. 711 Louisiana, Suite 2900 Houston, Texas 77002-2781 phone: 713.221.1396 fax: 713.221.2134 email: dlocascio@bracepatt.com CONFIDENTIALITY NOTICE This message is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message. - OPERATION AND MAINTENENCE AGREEMENT.doc