Apple was well aware of the power supply problem. I'm sure there will be questions related to that in todays deposition. Bottom line is this:
If a partner in a contract, though his actions, or willing inaction's, causes deliberate damage to the agreement, and makes injuries that prohibit the partnership to be viable, the contract becomes unenforceable, and the offending partner is liable for all damages, and the contract is Null and Void.
If Judge Borodoff, agrees with the fact that Apple knowing prevented the back-up power supply to the Mesa Facility, GOOOO- Byeeee Apple. GUILTY ! Pay all costs, and the furnaces ownership is 100% GTAT's. Next Case !