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Re: laranger post# 95807

Sunday, 02/20/2005 3:57:09 PM

Sunday, February 20, 2005 3:57:09 PM

Post# of 432922
That 3G clause in Ericy 2G contract gives certainty to whom-it-may-concern that the 2G obligations contract has zero implications that later can be used to show a 3G obligation. It's really pseudo-certainty because it does not preclude a separate understanding, like an MOU.
Consider that any pre-supposition of "negotiation, mediation or arb" for 3G implies that a royalty is due, as opposed to none at all. Subject clause makes it clear and allows Ericy to approach 3G matters afresh, without confusion with their 2G agreements.
It also helps insulate the 2G rates contract from any claim that the 2G numbers include some factor from a future 3G contract [as Nokia could be expected to argue, if only to delay and confuse and frustrate; give cause for discovery proceedings].


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