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Re: PhenixBleu post# 43503

Sunday, 12/01/2019 1:37:38 AM

Sunday, December 01, 2019 1:37:38 AM

Post# of 50023
That’s incorrect. It established that there is a dispute over who’s benefit the condition was for. There is no dispute over the condition being waved. There is a dispute over who had the right by benefit to waive it.

3.1.11 established GDSIs sole discretionary right to waive any condition.

10.1 established that for (Rontan) to waive a condition or to remove GDSIs expressed right by condition to waive, that it would have to be done in writing.

In contract law. A condition waived is considered a condition met or deleted/removed from a contract. Therefore there is no action for failing to perform the condition once waived.