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Re: dragon52 post# 129881

Tuesday, 06/21/2011 12:40:42 PM

Tuesday, June 21, 2011 12:40:42 PM

Post# of 212190
Yes, that's how I see it also. IMHO, The ESA has to be followed. If one party fails to follow what it agreed to, then it seems to me the other party has the power to have it enforced in the courts. Isn't this where we are going? Now, IMHO, this is a contractual agreement between two parties. Both parties have to deliver as agreed or there is a breech. Now, I don't know how Sam & Paul will resolve this in court but it seems Paul wants out at this stage, at least it seems that way, imho, It also seems that Sam doesn't acept any of Pauls attempts to justify the problems. There is also the issue of the shares and the defective Bioharp.

However I also see another party in this contract and that is the share holders. Shares were sold and these agreements were very important as we became partners with xmdc based on the PR and these agreements. Failure was not a result of fortune or circumstance but from the very parties refusing to abide by the agreements they made to each other on the behalf of xmdc(an entity)and it's share holders. To me, imho, this is huge.

Now these are just my opinions and I try to reason it out. I believe the status quo needs to be figured out before the bk7 can be considered. I believe this, the losing party better line up a lawyer because I'm pretty certain the share holders will be litigating. JMHO