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Re: rambus post# 101892

Monday, 07/16/2007 8:23:21 AM

Monday, July 16, 2007 8:23:21 AM

Post# of 361122
On the surface, and based upon what has been reported, ERHE needs to argue that Feltang was operating on its behalf as finder/agent and the fee was a finder/agency fee. That is what is what is sometimes implied when one pays a finder's fee. To the degree that the third party (Feltang) acts on behalf of the first party (ERHE) then the role of finder can evolve into agency. It is the contract language which has to be interpreted by the parties as to their intentions and how they understood their relationship to each other that has to be explained should the agreement be challenged by either party or by an outside legal entity such as an arbitration board, settlement hearings, or court action. What you want to bet that ERHE and Feltang parrot each other's understanding of the agreement and that understanding is 100% legal?

Jim