Monday, April 15, 2024 11:23:56 PM
With all the changes you claim were made to the JV contract to make your lame successful senario true. How could anybody not think they were DUPED into believing a bunch of BULLSHIT. OH that's right you think it's a SCAM except for the XTI JV.
Like this clause that was inserted but had no bearing on how this dispute was to be settled. Like all the other clauses of the JV that was to give the investor the ability to evaluate the risk. How can that be done when so many changes are made. Could it be because it's a SCAM???? REDUNDANT I guess Duffy couldn't win in arbitration and by no means drag this out as long. Why didn't XTI ask for it, they knew they would win in court. Neither ask for it because they are working together to drag this out. XTI had to do something for Duffy to earn their money.
8.3????????????Mediation and Arbitration. Any Dispute that is not resolved through section 8.2 shall be, upon the demand of either Party, subject to a non-binding mediation proceeding before a mediator in accordance with the American Arbitration Association (AAA) Mediators Model Standards of Conduct with such mediator to be agreed upon by the Parties. If a mediator is not agreed upon or if mediation is not successful, the matter shall be settled exclusively by arbitration, conducted before a single arbitrator mutually selected by the parties, in the State of Delaware, in accordance with the rules of the AAA then in effect. If the Parties are unable to agree on a single arbitrator, each Party shall select an arbitrator and the two arbitrators selected by the Parties shall select a third arbitrator. If three arbitrators are selected, they shall act by majority vote. Judgment may be entered on the arbitrator’s award in any court having jurisdiction. Each Party shall bear their own costs and expenses of any such mediation or arbitration proceeding and shall split evenly any common costs; provided, however, that if the dispute concerns the issue of default as defined herein by one party, the non-prevailing Party (as determined by the arbitration) shall pay for all of the prevailing Party’s costs and expenses, including legal fees relating to such mediation or arbitration proceeding.
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