Page 1 FILED: NEW YORK COUNTY CLERK 08/20/2019 06:40 PM
NYSCEF DOC. NO. 52
INDEX NO. 654765/2019
RECEIVED NYSCEF: 08/20/2019
EXHIBIT Page 2 INDEX NO. 654765/2019
FILED: NEW YORK COUNTY CLERK 08/20/2019 06:40 PM
NYSCEF DOC. NO. 52
RECEIVED NYSCEF: 08/20/2019
T
June
, 2018
Mart
Vanderbelm
Vice
President,
Inc.
Walmart, SE
10th
Street
AR 72716-5530
BentonviAe,
Re:
Energy
Response
Dear
to Walmart
Letter
Dated
, 2018
May
Mark:
This
letter
respüñds
to Walmart,
Walmart:
in which
"Letter"),
Provides
]
notice
Agreements
that
Tesla
covered
"Facilities")
Tesla
Tesla
(as defined
Demands
]
to
Inc 's (Waknart")
of
in the
letter
Waimart's
to Tesla,
assertion
that
inspect
de-energize,
by the Agreements.
and
that
it and/or
its affiliates
or assignees,
out of an abundance
of caution,
Regardless,
inspect
and remediate
(as may be needed
as Tesla
and
requested
in the Letter.
)
A call
a formal
or series
which
the
A letter
letter
Detwaéi-i
signed
both
by
to withdraw
Tesla
its notice
Tesla
is not an adiiiissici-i
Walmart's
and
upon
or responsibility
any of the
under
aA Iights
in
and
muh_ig!Iy
agree)
Tesla
proposes
principals,
and schedule
Oc:
Sales
by Tesla,
Agreements,
rarñédies
each
its affiliates
General
Inc
Christ
Ford
Senior
Global
Tesla,
Inc
may
T
E
Counsel
Service
L
Manager
R
-
(the
under
the
Infrastructure
Tesla, Iric.
EDJ D÷ér D±M.
PV
-ca
-
Po
facIities
(the
aI
of any of the
to de-energize,
of the FacIities
as
the
füiiüwli
and
legal,
in
inspm,
agreement
by
or assignees,
nor a waiver
of
or in equity.
its affiliates
Tesla,
have under
is,
any of the Agreéii.Ei
at law
Eric Wez1garten
Tesla,
the
the same,
memorializing
including
successful
completion
of the same.
& Operations
Associate
,
breach
business
including
for de-energization,
Cal Lankton
Energy
material
necessary)
Sincerely,
VP
May
are in breach
applicable,
agrees
it would
be prudent
claims,
Walmart
Walmart
of breach
of fault
right
and
is
(as
Walmart
agree
or remedy
each may have
its assignees
reserve
expressly
at law or in equity.
any
and
to resolve
as
Tesla
on the process,
requ|rciriêñts
(as necessary)
and re-energization.
Walmart
This
of calls
parties
Iemediation)
agreement
Tesla
remediate
disagrees
to establisil
dated
{ Tesla")
and
Letter),
Agicciñëñts.
In order
Inc.
:-: :---; - .0a
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FILED: NEW YORK COUNTY CLERK 08/20/2019 06:40 PM
NYSCEF DOC. NO. 52
INDEX NO. 654765/2019
RECEIVED NYSCEF: 08/20/2019
EXHIBIT
246
PDF Page 3
INDEX NO. 654765/2019
FILED: NEW YORK COUNTY CLERK 08/20/2019 06:40 PM
NYSCEF DOC. NO. 52
RECEIVED NYSCEF: 08/20/2019
T
June
1, 2018
Mart
Vanderbelm
Vice
President,
Inc.
Walmart,
2001 SE
10th
Street
AR 72716-5530
BentonviAe,
Re:
Energy
Response
Dear
to Walmart
Letter
Dated
31, 2018
May
Mark:
This
letter
respüñds
to Walmart,
Walmart:
in which
"Letter"),
Provides
1]
notice
Agreements
that
Tesla
covered
"Facilities")
Tesla
Tesla
(as defined
Demands
2]
to
Inc 's (Waknart")
of
in the
letter
Waimart's
to Tesla,
assertion
that
inspect
de-energize,
by the Agreements.
and
that
it and/or
its affiliates
or assignees,
out of an abundance
of caution,
Regardless,
inspect
and remediate
(as may be needed
as Tesla
and
requested
in the Letter.
1)
A call
a formal
or series
which
the
A letter
letter
Detwaéi-i
signed
both
by
to withdraw
Tesla
its notice
Tesla
is not an adiiiissici-i
Walmart's
and
upon
or responsibility
any of the
under
aA Iights
in
and
muh_ig!Iy
agree)
Tesla
proposes
principals,
and schedule
Oc:
Sales
by Tesla,
Agreements,
rarñédies
each
its affiliates
General
Inc
Christ
Ford
Senior
Global
Tesla,
Inc
may
T
E
5
Counsel
Service
L
Manager
R
-
(the
under
the
Infrastructure
Tesla, Iric.
EDJ D÷ér D±M.
PV
-ca
-
Po
facIities
(the
aI
of any of the
to de-energize,
of the FacIities
as
the
füiiüwli
and
legal,
in
inspm,
agreement
by
or assignees,
nor a waiver
of
or in equity.
its affiliates
Tesla,
have under
is,
any of the Agreéii.Ei
at law
Eric Wez1garten
Tesla,
the
the same,
memorializing
including
successful
completion
of the same.
& Operations
Associate
2018
31,
breach
business
including
for de-energization,
Cal Lankton
Energy
material
necessary)
Sincerely,
VP
May
are in breach
applicable,
agrees
it would
be prudent
claims,
Walmart
Walmart
of breach
of fault
right
and
is
(as
Walmart
agree
or remedy
each may have
its assignees
reserve
expressly
at law or in equity.
any
and
to resolve
as
Tesla
on the process,
requ|rciriêñts
(as necessary)
and re-energization.
Walmart
This
of calls
parties
Iemediation
2)
agreement
Tesla
remediate
disagrees
to establisil
dated
{ Tesla")
and
Letter),
Agicciñëñts.
In order
Inc.
1:-: :---; - .0a
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