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Re: None

Saturday, 07/14/2007 10:28:15 AM

Saturday, July 14, 2007 10:28:15 AM

Post# of 157299
The JV agreement says this:

2.8 GlobeTel may deploy networks in other parts of the world, and this Agreement only applies to the deployment of the networks in Mexico. Nothing herein shall be construed as giving VPN rights to deploy any products similar in a degree of confusion or equal to those of GlobeTel or its affiliates, for rendering exactly the same services as provided herein, without the cooperation of GlobeTel. Nothing herein shall be construed as giving GlobeTel rights to deploy in Mexico any products of GlobeTel or its affiliates (including, but not limited to, Hot Zone technology), except as provided herein, without the cooperation of VPN, unless the business, commercial, corporate or any other kind of relationship between GlobeTel and VPN has definitively and irrevocably come to its end, or in the event that VPN expresses in writing not to have interest in such product, in which case GlobeTel will be entitled to deploy it by itself and/or with any third party. GlobeTel or VPN may not deploy any wireless network in Mexico providing DECT connectivity other than the Project Networks. The parties also expressly agree that the deployment of the Project Networks will be carried out exclusively using VPN’s VOIP infrastructure, or any such other infrastructure as the Board of Directors may decide in a duly Board of Directors’ Meeting.

Uli's agreement says this:

Restriction. GlobeTel will allow Altvater to produce and sell the HotZone Product Line as an authorized reseller. With GlobeTel's permission, Altvater may hold seminars, market, advertise, distribute, making demonstrations and/or pilots of the HotZone Product Line with any party including prospective customers of Altvater. GlobeTel shall approve any marketing materials used by Altvater with regard to the HotZone Product Line prior to their distribution.

***

Under the JV agreement with VPN, Globetel could not have given permission to Trimax to market to Marcatel, which Trimax must have under its agreement with Globetel. This may be why Trimax stripped Globetel from its website. Uli may have taken the position that he is not marketing Globetel's Hotzone line, but of course Globetel probably would not agree with that.

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