Wednesday, October 12, 2005 11:34:15 AM
Corp: Where in the Court's memorandum did you read that "according to the Court's opinion, it seems Federal is entitled to "FULL reimbursement"."? My reading of the Courts conclusions, is that the matter of what amounts may be due should be determined by arbitration.
"For the reasons that follow, the Court concludes that,
even assuming the Reimbursement Agreement is not supported by
consideration, it is enforceable under the UWOA. Because the
parties agreed to arbitrate the remaining dispute involving the
amount that Federal should be reimbursed (if any), the Court
concludes that arbitration should be compelled on that basis.
Additionally, the Court concludes that whether the parties
satisfied all conditions precedent to arbitration, if any, is a
procedural issue to be decided by the arbitrator."
"For the reasons that follow, the Court concludes that,
even assuming the Reimbursement Agreement is not supported by
consideration, it is enforceable under the UWOA. Because the
parties agreed to arbitrate the remaining dispute involving the
amount that Federal should be reimbursed (if any), the Court
concludes that arbitration should be compelled on that basis.
Additionally, the Court concludes that whether the parties
satisfied all conditions precedent to arbitration, if any, is a
procedural issue to be decided by the arbitrator."
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