Sunday, January 08, 2006 3:28:50 PM
I don't see it spelled out that there needs to be a contract or PR about a national rollout by, or on, March 15th. The use of the word "Thereafter" implies no timeline. One would assume that they would roll it out as quickly as is feasible (assuming they want to roll it out at all), but March 15th is ONLY the date the pilot program ends. They could, hypothetically, not announce a rollout until, say, June, and still meet the terms of that clause. "Thereafter" is mighty ambiguous, so don't hang your hat on a PR coming that day. It could, but it ain't guaranteed! On the other hand, the terminology also leaves open the terms of the rollout. They could foreseeably roll it out to all stores at once, and skip the phase-in. We have no clue.
On December 28, 2005, the parties entered into an amendment to the
Services Agreement (see Exhibit 10.2). Under this amendment, the parties
agreed to extend the pilot program until March 15, 2006. Thereafter, if the
parties mutually agree that a national rollout of this program is mutually
beneficial, they will enter into a definitive agreement for such national
rollout.
Who is this Time Being, and why are we always doing things for it?
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