Message-ID: <23108289.1075842111383.JavaMail.evans@thyme> Date: Thu, 13 Apr 2000 10:52:00 -0700 (PDT) From: carol.clair@enron.com To: david.kistler@enron.com Subject: Confidentiality Agreement Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Carol St Clair X-To: David Kistler X-cc: X-bcc: X-Folder: \Carol_StClair_Dec2000_1\Notes Folders\Sent X-Origin: STCLAIR-C X-FileName: cstclai.nsf David: FYI pursuant to my voice mail. Carol ---------------------- Forwarded by Carol St Clair/HOU/ECT on 04/13/2000 05:52 PM --------------------------- MaryF@riskinc.com on 04/13/2000 05:06:21 PM To: Carol.St.Clair@enron.com cc: David.Kistler@enron.com, PaulV@riskinc.com Subject: Confidentiality Agreement Carol, Paul VanderMarck forwarded to me your e-mail (see below) regarding the confidentiality agreement. We are fine with entering into a new confidentiality agreement, based on the form agreed to by the parties a year ago, however, a couple of changes to the form are needed. 1. We would like to make sure that our definition of confidential information is expanded to include our "cleaned" historical weather data ("Weather Data"), weather-risk internet application ("Web Site"), associated methodologies, user identification codes, and passwords. 2. The purpose of the disclosure of RMS confidential information would be to enhance Enron's understanding of RMS technology and services and their uses within the marketplace. 3. Enron is granted by RMS, a non-exclusive, non-transferable license to use the Weather Data for internal evaluation purposes only. Enron agrees that it will not modify, create derivative works of, or distribute the Weather Data to any third party. 4. Enron agrees to provide RMS with its comments, criticisms, and suggestions for changes with respect to the Weather Data and Web Site, including identifying any errors or malfunctions in the operation thereof. If you can include these items into the new confidentiality agreement (based on the one the parties executed a year ago), we would be agreeable to signing it. Also, our CEO and CFO will be traveling next week. If it is at all possible, we would like to get this confidentiality agreement from you no later than mid day (PST) on Friday, April 14, 2000 to secure the appropriate RMS signature. Please let me know if you have any questions. I can be reached at (650) 617-6593. My facsimile is (650) 617-6565. Thank you. Mary Futch RMS Contracts Department ----- Forwarded by Mary Futch/RISKINC on 04/13/00 02:54 PM ----- Paul VanderMarck To: Mary Futch/RISKINC@RISKINC cc: 04/13/00 Subject: Confidentiality Agreement 01:55 PM ----- Forwarded by Paul VanderMarck/RISKINC on 04/13/00 01:55 PM ----- "Carol St Clair" cc: "David Kistler" 04/13/00 01:22 Subject: Confidentiality Agreement PM Paul: I have spoken with Dave Kistler about the form of CA that you sent to him. What we prefer to do is to use the form that was agreed to a year ago (a copy of which I have attached). We can either (1) do a new CA based on this form or (2) since this CA does not expire for another year, do a side letter that provides that the term "Project" as used in this CA means both the project that is currently described and the new project that we are about to engagae in with you. Please let me know your preference. My number is 713-853-3989. Carol (See attached file: Risk Management Solutions CA 1.doc) (See attached file: Risk Management Solutions CA 1.doc) - Risk Management Solutions CA 1.doc