Enron Corporation #11

Sealed-Bid Offering, Bid Submission Deadline: 3 Dec 2004 3:00 PM PST

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By order of the U.S. Bankruptcy Court, Southern District of New York, in re: Enron et al. Debtors Chapter 11, Case No. 01-16034 (AJG), Jointly Administered
Sealed-Bid Auction

ASSET FOR SALE by Enron Broadband Services, Inc ("EBS"): Assignment of Dark Fiber Indefeasible Right of Use ("IRU")

Indefeasible Right of Use of Fiber Line from Portland to Los Angeles

Indefeasible Right of Use of Fiber Line from Portland to Los Angeles

Notice to purchasers:

Special Notice:
All current Enron Board of Directors, Corporate Officers, Vice-Presidents, Managing Directors, Interested Parties and relatives thereof ARE NOT ELIGIBLE to participate in the Enron auctions.

    ENRON AUCTION #11
    BUYERS TERMS AND CONDITIONS

    1. The services provided by DoveBid, Inc. (“DoveBid”) are governed by these Terms and Conditions. By participating in this auction, you consent to be bound by these Terms and Conditions as well as by any additional terms that may be imposed by the seller or announced at the auction.
    2. All potential bidders must register at the auction site or online at www.dovebid.com before the auction and present a valid driver’s license or other acceptable form of photo identification. DoveBid may, in its sole discretion, deny registration to any person or entity.
    3. All assets in the auction shall be sold to the highest bidder; provided, however, that some assets may be auctioned with minimum reserve prices, and/or subject to seller’s right of confirmation. DoveBid reserves the right to reject any bid that is only a minimal increase over the preceding bid, that is not commensurate with the value of the item being offered or that DoveBid believes was made illegally or in bad faith. Further, DoveBid, and/or its affiliates or subsidiaries, may bid at the auction either for its own account or on behalf of a third party. In the event of a dispute among bidders, DoveBid may, in its sole discretion, either accept what it deems to be the final bid or solicit further bids on the item in dispute. All sales are final. No returns or refunds will be permitted, unless authorized by the seller in writing.
    4. In the event of any dispute concerning the winning bid price for an asset, the record kept by DoveBid shall control.
    5. Bidders shall examine or inspect items prior to the day of the auction. ALL ITEMS ARE SOLD AS IS, WHERE IS AND WITH ALL FAULTS. NEITHER SELLER NOR DOVEBID MAKES ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE NATURE, QUALITY, VALUE OR CONDITION OF ANY ASSET. DOVEBID AND SELLER EXPRESSLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. DoveBid will announce if any item carries a manufacturer’s warranty at the time the item is offered for sale. Assets are intended to be sold without software, if any is applicable. In the event that a Seller's software is included in an asset sale, notwithstanding the disclaimers set forth above, DoveBid makes no representations or warranties regarding the Buyer's right to use such software, as to the performance of the software, its non-infringement or otherwise. In such circumstances, DoveBid recommends that Buyer contact the software manufacturer directly to resolve any such issues.
    6. DoveBid relies on information about assets in the auction provided by the seller. DoveBid undertakes no investigation of that information, and makes no representation or warranty concerning the truth or completeness of that information. Photographs are provided solely for the bidders' convenience and shall not be construed to create representations or warranties of any kind pertaining to the assets. Buyer acknowledges that it has had the opportunity to inspect all assets prior to tendering its bid and waives any and all claims against Auctioneer and/or seller relating to asset photographs or descriptions.
    7. DoveBid shall charge and collect from each successful bidder a 16% buyer’s premium for each sale at the auction, in addition to the purchase price as bid. Purchasers who pay in the form ofd asset is located.
    8. Each successful bidder must pay a 25% deposit toward the purchase price immediately following the successful bid. Bidders expressly authorize DoveBid to use their credit card to satisfy the deposit amount. If a bidder fails to make a timely deposit, DoveBid and the seller may resell the items in question without notice. Full payment of the purchase price is due at the earlier of (i) 48 hours after the bidder has received an invoice, or (ii) the close of business on the third business day after the auction. Without limiting the foregoing, full payment of the balance of the purchase price is due prior to removal of any purchased assets. In the event that a bidder fails to pay the entire purchase price (in addition to the buyer’s premium and any applicable tax) within the time specified by DoveBid or otherwise fails to comply with these Terms and Conditions, DoveBid and the seller will retain the deposit as liquidated damages without notice. DoveBid and the seller reserve the right to resell such items without notice, and the defaulting purchaser shall be liable to DoveBid and seller for any resulting deficiency, including costs incurred in storing and reselling such assets. In the event of such resale, the defaulting purchaser shall be liable to Auctioneer and seller for any resulting deficiency, including costs incurred in storing and reselling the assets in question.
    9. DoveBid accepts the following methods of payment: cash, VISA™, MasterCard™, American Express™, cashier’s check, and wire transfer made payable to DoveBid, Inc. DoveBid also will accept a company check if it is accompanied by a letter from the company’s bank guaranteeing payment in full, without condition and upon demand.
    10. By participating in an auction, each bidder represents, warrants and covenants that (i) it shall not misrepresent its ability to close the transaction pursuant to the terms and conditions of sale, (ii) it has the capacity to close the transaction, (iii) it has actual authority to enter a bid, and to enter into an agreement to purchase the item, and (iv) any bid it makes on an item constitutes an irrevocable offer to buy the item for the full amount of the bid.
    11. DoveBid may, in its discretion, offer the assets for sale by the piece or by the lot. In addition, DoveBid may augment this auction with assets from various sellers. These assets may be interspersed throughout the auction. The seller has the right to remove assets from the auction either before or after bidding has completed. In the event of a removal after bidding has been completed, the purchaser’s sole remedy shall be the refund of any purchase price actually paid.
    12. DoveBid will announce any additions to or deletions from the catalog on the day of the auction. DoveBid and the seller assume no responsibility for, and make no representations or warranties concerning, descriptions of assets contained in marketing materials for the auction. It is the bidders’ obligation to verify such descriptions prior to the auction.
    13. Neither DoveBid nor seller shall be liable for any damages of any type or nature (whether in contract, tort or otherwise) sustained or claimed by any bidder or any other person or entity in connection with any and all auction activities including viewing, bidding on, and/or taking delivery of auction items collectively the “Auction Activities”. Without limiting the foregoing, in no event shall DoveBid’s or seller’s liability to any bidder for any act or omission occurring in connection with the Auction Activities exceed the amount that such bidder has actually paid to DoveBid as a deposit or as payment for a purchased item. Further in no event shall Seller or purchasemplary, consequential, incidental or indirect losses or damages (in tort, contract or otherwiseannounce the removal, or check-out, period on the day of the auction. DoveBid shall have no respines. It is the purchaser's sole responsibility to arrange and pay for the removal and shipment of purchased items. Also, it is the purchaser's responsibility to provide, and/or ensure their agent(s) performing removals on their behalf provide, upon demand, evidence of the following insurance policies with reliable insurance companies, and in the following amounts: $2,000,000 combined single limit, $1,000,000 property damage and $1,000,000 comprehensive general liability with contractual liability in the case of all riggers; and $500,000 cargo and $1,000,000 comprehensive general liability in the case of carriers; and such other insurance as may be required by any governmental authority, including workers’ compensation insurance. Removal shall be conducted responsibly and with due care for the seller's premises. The purchaser shall restore and repair all real and personal property that is altered or damaged as a result of the removal of purchased items. If the purchaser does not remove an item within the announced check-out period, DoveBid and the seller may, in their sole discretion, deem the item to have been abandoned by the purchaser and the purchaser will have no further rights with respect to the item. Notwithstanding the foregoing, DoveBid and the seller reserve the right to charge the purchaser for the costs of storage beyond the check-out period.
    14. Bidders acknowledge that Auction Activities sites are potentially dangerous places. Flammable, noxious, corrosive and pressurized substances may be present. Heavy equipment may be operated, and electrical circuits may be live. Every person enters the Auction Activity sites at his or her own risk with notice of the condition of the premises and the activities that will be or have been conducted on the premises. Bidders shall so advise their agents and employees. No person shall have any claim against DoveBid, the seller or their respective agents or employees for any injuries sustained or for damages to or loss of property that may occur at the Auction Activity sites, including third party warehouses.
    15. It is purchaser’s sole responsibility to meet all governmental safety and environmental standards in removing, shipping and using purchased items. Certain of the items for sale may contain “hazardous substances,” as that term is defined under federal, state or local environment laws and regulations. Neither seller, its agents, representatives, employees and affiliates, collectively “Seller” nor DoveBid has any duty to remove any hazardous substances that are contained in or are a part of any item. Purchasers agree to defend by counsel satisfactory to DoveBid) and indemnify Seller and DoveBid and hold Seller and DoveBid harmless from and against any claim, demand, cause of action, liability or expense (including attorneys’ fees and costs) asserted against or incurred by Seller or DoveBid in connection with the viewing, sale, removal, shipment or use of any purchased items.
    16. Purchasers agree to comply with all US export control and related laws, and acknowledge that DoveBid is not the exporter of any purchased item. Certain items offered for sale at the auction may constitute “Restricted Technology.” Under federal law, such items may not be shipped outside of the United States. DoveBid makes no representation or warranty concerning, and has conducted no investigation to ascertain which items, if any, constitute Restricted Technology. Seller reserves the right to cancel any sale at any time in the event it determines, in its sole discretion, thaese Terms and Conditions, and all questions with respect to the interpretation of these Terms and Conditions, shall be governed by and construed in accordance with the internal laws of the Stato personal and exclusive jurisdiction in the courts of the State of California located in San Mateo County.
    17. None of Enron Corp. and its debtor affiliates' officers, directorBid auctions on July 19 through 23, 2004. This prohibition extends to the relatives of any of these employees. Relatives include anyone related to an employee by blood or marriage within the third degree and includes adoptive and step relationships. This includes parents, children, siblings, grandparents, great grandparents, aunts, uncles, nieces and nephews. Officers of the court, which include Court-approved attorneys, accountants, financial advisors and other such professionals working for Enron Corp. and its affiliates, as debtors-in-possession, may not participate in the auction.
      I certify that I have read the information above detailing who may not participate in the auction. I am not prohibited from participating in the auction.
Related Sales
Event Closed
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Event information
Location: USA
Due Diligence Started: 14 Oct 2004 9:00 AM PST
Bid Submission Deadline: 3 Dec 2004 3:00 PM PST
Shipping information
Approved Machinery Movers
Contact details
Contact: Customer Service Americas
Country: United States of America
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Email: CustomerService@go-dove.com
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Contact: Customer Service Europe
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Email: Contact@Go-Dove.com