Subject: fw : transmission line project - abb agreement
louise ,
i want to sign a confidentiality and exclusivity agreement with abb with respect to our san francisco t - line project . there are no payment or service terms other than the concept that we are granting exclusivity to each other for two years .
reasons :
- i want to get some inexpensive resources from them to help us design and develop the project ;
- i want to lock them up early since they are the clear industry leader and the puclic entities in ca may ultimately rfp .
my understanding is that approval is needed from you , john or detmering .
is this ok with you ?
regards ,
chris calger
503 - 464 - 3735
- - - - - original message - - - - -
from : rasmussen , dale
sent : friday , september 28 , 2001 10 : 42 am
to : mays , wayne ; parquet , david ; etringer , michael
cc : tweed , sheila ; calger , christopher f . ; schuler , lance ( legal )
subject : transmission line project - abb agreement
re - sending with minor changes to the prior documents . a clean copy is now provided .
lance schuler advised me that it is now jeff donahue , rather than mark metz , that needs to sign off on corp ' s behalf , and that either tim detmering , louise kitchen or john lavorato can approve on behalf of ena .
a redraft of the abb confidentiality / exclusive dealings agreement is attached for review and comment .
this document is based on the form abb provided and for which abb has expressed a strong preference .
this draft calls for bilateral exclusivity for the term ( 2 years ) . as several of us have discussed , this will prevent ena from choosing an alternative technology or supplier during that time should it choose to construct a dc transmission line within a 15 - mile radius of san francisco . as i understand it , we are prepared to link arms with abb to do this project because abb is the premier supplier of this type of equipment .
based on recent discussions between wayne and abb , the language necessary for creating the exclusivity arrangement has been added to the form of confidentiality agreement that we had been working on with abb earlier . the added language is somewhat lengthy , but was necessary to establish the relationship and at the same time protect ena against arguments that we are obligated to proceed with the potential transaction .
because this transaction does commit ena to exclusivity obligations i understand that we will need to talk with tim detmering and mark metz about the transaction .
please let me know of comments .
dale rasmussen
tel : ( 503 ) 464 - 8863
fax : ( 503 ) 464 - 8058