Re: Two Things

I.    Non-Disclosure Agreement - After e-mailing you the message I got from Larry and the request that you confirm whether or not you want a non-disclosure document to be sent to Lufthanza in order to obtain info regarding the BBJ, I spoke directly with Sean, who clarified the following:

 

1.    He does not know why Lufthanza is asking for the NDA

 

2.    Sean has never before been asked by a seller to get an NDA from a prospective Buyer before information regarding the aircraft is delivered to the prospective buyer, except when the manufacturer or completion center was issuing a special proposal to the prospective buyer, in which case the manufacturer or completion center was trying to keep their pricing confidential (according to Sean).  Upon reflection, Sean guessed that this may be the reason that Lufthanza, who put together the completion package, requested the NDA.

 

3.    In any event, when I specifically asked Sean if Lufthanza would deliver the info to you regarding the BBJ without the NDA, Sean advised me that Lufthanza would not deliver the information. 

 

 

II.    Conflict Waiver - Susan Cohen who is a labor lawyer at Vorys Sater called me to ask for your view and permission for Susan and Vorys to accept engagement by the Village of New Albany for representation in connection with Economic Development issues.  Susan cannot be more specific because there has not been any specific task or question assigned to Vorys Sater relating to economic development issues; however, Susan recalls that there have been times in the past, and Susan can think of situations in the future, when NACO has been and will again be in a somewhat adverse position to the Village of New Albany, so Susan will not accept the engagement without a formal waiver from both NACO and the Village of New Albany, in which the village would acknowledge Vory's right to represent NACO in any adversarial proceedings, presumably, other than proceedings adversarial to the Village of New Albany involving the subject matter of Vory's representation of the Village of New Albany.

 

My inclination is not to allow it; who knows what, when and how many conflicts may arise.