Heather, Attached are redlines of both the Coal Handling Agreement and the Ash Handling Agreement with revisions. I made a few further changes to the Ash Handling Agreement in the Indemnity Section. Please review and let me know if you have any questions. Both docs do have a few questions inserted where I wasn't sure if the language accurately reflected our deal. Sorry for the delay.
Answer: Revised Docs.
Here is an email: David and Louise: I am working with Bob on a confidentiality agreement with Organic Inc. which contains a mutual "no solicitation" provisions that would prevent either party from hiring or soliciting for employment any employee or independent contractor of the other for a period that would expire 6 months after the termination of any business relationship of the parties. How do you feel about this? Carol
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A: Organic Inc. CA Issue
Q: I have made the suggested corrections and made a few minor adjustments to the format of the Deferred Premium Commodity Cap you were working on. Please note that the Premium Payment Date is on the first page to indicate that such premium is deferred until settlement and calcuated in accordance with the Cash Settlement Amount provisions. After review of the structure it occurred to me that this transaction could be drafted as a modified fixed basis swap. The swap format is much simpler to document and easier to understand the respective payment obligations. It might make it easier for the counterparty to follow the intended payment obligations. Please let me know if you have any questions or comments. Regards,
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A: Defferred Premium Cap
IN: Hey there Barry! Just wanted to drop you an note to say thanks for the cocktails and laughs the other night in Denver. We had a great time with you guys. I will store your card and give you a call or drop you a note before we come to Houston next season. Maybe you can round up some Houston buddies that could entertain us as much as your Denver ones! We are off to San Antonio this week with the Lakers. It is a fun town. I am sure we will manage to find some kind of trouble to get into. Do you ever go there? Any good restaurant recomendations? There are so many to choose from. Talk with you later, Debra

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OUT: blue 67
IN: This is an email
Greg, Just as a follow up to our conversation, I have serious concerns about the estate's ability to service IT requests. The number of people that remain in the estate, that understand the gas and power systems, is limited (and we're receiving resignations now). With this in mind, I would like to have the ability to outsource the IT department (applications, infrastructure) and potentially the back office staff to a consulting company (potentially Accenture or CGEY). We would need to move the estate employees into this company and incentivize them to stay. The consulting company could then supplement the staff and the Enron estate employees could now have a career path at the consulting company. To make this deal attractive, the consulting company would like to have the ability to create a services company and offer IT and fulfillment and processing services to other companies. By the way, this could be done for other commodities outside gas and power. The deal would have to include royalty payments to the estate for each additional services agreement. The intent is to make the services company into a thriving business. We would also want to sell Commodity Logic (IP included) to round out the services offering. We could consider selling the IP to our EGM and EIM systems as well. All in all, the intent is to bring value to the estate and support the estate while the businesses wind down or start up. We must make sure that the NETCO agreement allows the estate to license the gas and power software in some capacity and continue to develop the applications. As an aside, the estate cannot perform on the Bridgeline or AEP deals. There are not enough resources that fully understand the system, therefore, we cannot maintain a fully operational production quality system. These deals must either be moved to NETCO or we need to find another alternative (the above referenced services company or selling the software to AEP and Bridgeline). I know this is long winded, but I needed to get these points down on paper. I am on vacation next week, but can be reached on my cell phone at 713-240-0919 or at my house in Kiawah at 843-768-6651. I'll also have my Blackberry but reception is poor on the island! Have a great holiday. Beth

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OUT: IT Plans for Estate
Tyrell, Attached are amendments for the letter agreements. Please distribute to the appropriate individuals. I have also included the Petro-Canada form. Barry, Who in Calgary should work the Petro document? Let me know if you have any questions. Thanks.
Answer:
Amendment Letters