SW0001-CS021122NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.E
Robert E. Hager Attorneys & Counselors at Law
rhager@njdhs.com 1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
(214) 965 -9900
Fax(214)965 -0010
E -mail NJDHS@NJDHS.com
November 22, 2002
Myer
& Williams
1601 Bryan Street
Suite 30C
Dallas, T
75201
ROBERT L DILLARD. JR. (1913 -2DOO)
H. LOUIS NICHOLS
LAWRENCE W JACKSON
OF COUNSEL
Re: TXU and Oncor Electric Delivery Company; Encroachment Easements
in Favor of City of Coppell
Dear Ms. Myer:
Please be advised that we reviewed request number 2200 concerning an
encroachment easement in favor of the City of Coppell over transmission line area
located within the City. In revie«ing the proposed encroachment easement right- of -wa}
agreement we would like the following language to be included in paragraph 4 at the
completion thereof. This language would clarify in our mind the extent of any
immunities which would be waived in favor of Oncor for enforcement of the lease
agreement. Thus, we would like the following included:
"However, nothing contained herein shall be construed to waive any
immunity or agreement to indemnify Oncor or other third party under Texas law
or the acts or omissions of Oncor or such third party respectively."
If you could please include this language in the proposed easement agreements. If
they meet with your approval please forward the completed agreements to Ken Griffin
for an execution by the appropriate person at Oncor Delivery Company and forward to
the City of Coppell for their acceptance thereof. It would be greatly appreciated.
f �
Sherry Myer
Page 2
If there is other fine tuning that need to take place concerning this language please
call me immediately so that we may conclude this matter.
Very truly yours,
NICHOLS, JACKSON, DILLARD,
HAGXR & SMITH, L.L.P.
REH/jh
cc: Ken Griffin
Jim Witt
City of Coppell
Robert E.
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
52277