FTL is not possible, but Dr. Jones proceeded to offer great insight with the words, "Well you know, they say the definition of insanity is doing the same thing over and over and expecting a different result." The meeting with Mr. Minton has not occurred. In addition, Mr. Minton has not been paid any of the $40,000 he was to receive for his portion of HPL. The deal with Mr. Minton is the only issue that Mr. Hirl has agreed to let us negotiate with Mr. Minton because Mr. Hirl does not want to be held liable for any of the actions between Mr. Minton and us. Therefore, no other action need occur until we have either reached an agreement or failed to reach an agreement with Mr. Hirl. On October 2, 2000, Jeff Bartlett of Enron called HPL to determine when we would have the necessary documentation to send to Mr. Minton in connection with the $ 40,000 HPL was to receive for their portion of the deal. Ken did not tell him this. I discussed the situation with Jeff and told him that we would not send Mr. Minton the necessary documents unless and until we had a signed agreement with Mr. Hirl. As we are waiting for a response from Mr. Hirl, we are in a holding pattern until he gives us a response. If we should reach agreement with Mr. Hirl, we will send the necessary information to Mr. Minton and we can then work out the necessary procedures for Enron. It was our understanding that Enron wanted to close on or before November 1, 2000. Since Enron has not gotten back to us, we assumed Enron was not interested in closing. Thanks, Craig -----Original Message----- From: Richardson, Stacey Sent: Monday, September 24, 2001 2:02 PM To: Kuehl, Toby Cc: Perry, Warren; Hiemstra, Nick; Powell, John D.; Dushinske, John; Fowler, Killeen; Gadd, Eric; Gros, Thomas D.; Comstock, Steve Subject: RE: Request to Purchase Real Property Toby, 1. No, your requested language does not change the definition of "Real Property" under the contract. The definition of Real Property is only used in the indemnification section and refers to the specific types of property and improvements to the property, and certain easements. 2. To sell the surface estate (only). Sell the surface estate (no minerals, gas, oil, or any other content); assume any environmental liabilities, all in accordance with the contract. 3. Enron would not close with a contract with Ken that excludes closing due to the environmental liabilities - Enron's risk is already covered by the existing indemnities, however, the indemnities are effective when Enron purchases the property. Hope this helps, Stacey -----Original Message----- From: Kuehl, Toby Sent: Friday, September 21, 2001 2:53 PM To: Hiemstra, Nick; Faucheaux, Eric; Perry, Warren; Zadow, Raetta; Bartlett, Jeff; Porter, J. Gregory; Dushinske, John; Reitmeyer, Jay; Blair, Lynn; Dodgen, Kathy; Branney, Theresa; Darveaux, Mary; Miller, Mary Kay; Neubauer, Dave; Thompson, Charlie; Porter, J. Gregory; Abdmoulaie, Mansoor; Matthews, Ron; McCarrel, Steven; Burleson, Bob; Minerva, Nancy; Finelli, Robert;jones, Dana; Symms, Jill; Doll, Jeanette; Murray, Tracy; Lindholm, Tod A.; Rapp, Bill; Varnell, Charles; Binder, Cindy; Stacy, Don; Bland, Todd; Cowan, Mike; Rice, Greek; Brown, Kortney; Miller, Mary Kay; Veatch, Stephen; Wuerz, George; Hyatt, Kevin; Cormier, Martha; Lemmons Jr., Billy; Thompson, Charlie; Doll, Jeanette; Corman, Shelley Cc: Balfour-Flanagan, Cyndie; Elledge, Susan; Orsak, Susie; Woodson, Harry; Smith, Sarah; Felling, Amy; Brisco, Robin Subject: RE: Request to Purchase Real Property This request is one of a series of similar requests we have received where the buyers of real estate are trying to make deals in the field that involve real property in which ETS is currently involved. I would like to propose that we consider a generic change to the contract language that would state: "The Property shall be used for the transaction contemplated in the purchase order, and the purchase order shall identify such uses in respect of such Property. In connection with such use, Seller represents and warrants to Buyer that (i) if Seller is aware of any environmental liabilities associated with such Property, the terms of any indemnity relating to such liabilities will be no less favorable than those agreed to by Buyer with respect to any comparable transaction not contemplated under the purchase order; and (ii) Seller is not aware of any other environmental liabilities associated with such Property, except for liabilities that are not reasonably likely to occur in the future and would not give rise to any indemnity obligation." << File: REQUEST TO PURCHASE PROPERTY - REQUEST TO PURCHASE PROPERTY.doc >> Please let me know if you would like to discuss further. Toby Kuehl ESI-Legal keuhl@ns.lsu.edu Telephone: (225) 381-2342 Facsimile: (225) 381-2358 > -----Original Message----- > From: Faucheaux, Eric > Sent: Thursday, September 06, 2001 4:54 PM > To: Zadow, Raetta; Bartlett, Jeff; Faucheaux, Eric; Kuehl, Toby; > Miller, Mary Kay; Neubauer, Dave; Branney, Theresa; Porter, J. Gregory > Subject: RE: Request to Purchase Real Property > > The purchase order will be for the right to use the surface estate to > build the facility. > > << File: REQUEST TO PURCHASE PROPERTY - REQUEST TO PURCHASE PROPERTY.doc >> >