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Re: PhenixBleu post# 42631

Monday, 09/09/2019 12:53:17 PM

Monday, September 09, 2019 12:53:17 PM

Post# of 50023
If it were a finding of fact the judge would not have ruled “without Prejudice” if the judge was ruling on Merits (facts) in evidence such as a breach of 3.1.1 and/or 3.1.2 then he would have granted the MTD “with prejudice” this case would be terminated.

Gdsi has the sole discretion to waive any of the conditions it wishes as stated in 3.1.11.

The only way any other provision can be removed or waived by any other party is if GDSI agrees to the stipulation and Rontan then acknowledges the waiver in writing. ( final paragraph/sentence of the conditions section 3 of the SPA).

The only waivers in evidence at this time are the waivers by and for GDSI under the provision 3.1.11 of the SPA at GDSIs sole discretion and within their rights under the agreement.

All Work done for GDSI by KPMG is by and for the sole benefit of GDSI.

All information on financing and financial conditions of GAC are by and for the benefit of GDSI.

Section 10 miscellaneous

10.10 states ……no other parties other than the named parties.……

The named parties are listed at the Top of the SPA. Roman Numeral I-IV. No other parties to this agreement.

Neither KMPG nor GAC are parties to the SPA. Their work may be waived by GDSI at its sole discretion as per 3.1.11.