Global Digital Solutions Inc (GDSI)

[Coreton]

That’s been my point from the start. The section of the SPA titled “conditions” includes 3.1.11 which gives GDSI exclusive right to waive any of the conditions. The only way that this condition can be removed or amended is under the provisions of section 10 (10.1).

3.1.11 was never challenged nor amended by either party. GDSI waived the conditions it had a right to waive under 3.1.11. Rontan is trying to use 10.1 as the basis for their opposition.

10.1 could be used by Rontan to remove or amended 3.1.11. Or any of the other conditions but they did not do so.

GDSI however could and did use 3.1.11 to waive conditions at its sole discretion as spelled out. They could have also used 10.1 but were not required to do so.