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Tuesday, May 15, 2012 3:01:30 PM
In Skunk's February 4th blog, http://greenshift-gers.blogspot.com/2012/02/red-trail-energy-llc.html , he posted a link to Red Trail's agreement with SRS. I noticed SRS said they will defend Red Trail for all claims, except a claim by "GS". Surely they're talking about Greenshift. To me, it sounds like this is an equipment deal that covers their end and sets the stage for Red Trail to able to license with GERS. Remember, Corn LP installed a SRS seperator and licensed it with GERS. Also, Red Trail has a history with GERS. So far, every producer that was in the GERS backlog has since licensed and installed Greenshift's COES technology. SRS is not willing to defend against GERS patents and they say it's Red Trails responsibility which is furthur explained in the 10.4 which is confidential. Does 10.4 speak of a license with GERS?
10.3 "Other than as a claim by GS (for which Customer shall be solely responsible, as defined in Section 10.4), SRS shall defend (through counsel of its selection and at its expense) and, as set forth herein..."
*** Confidential material redacted and filed separately with the Commission.
"SRS is empowered to negotiate and settle under this provision, subject only to Customer's approval which shall not unreasonably be withheld."
10.4 ***"
I think it speaks volumes that this equipment provider respects Greenshift's patents and will not defend against infringement. So we have ICM, Westfalia, and SRS installing equipment in our customers plants, under a Greenshift license.
Good Luck To All!$!$!$!$!$!$
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