That depends on the quality of the lawyers and the motives of the parties involved on negotiating the agreement. Failing to agree on contractual language means that any enforcement would need to be negotiated after a breach or litigation. With Li sitting on both sides of the negotiating table, it is hard to imagine a meaningful negotiation. With TC being (practically) appointed by Li, it is hard to imagine that TC will initiate litigation against Eontec.
I suspect that Li didn't want an enforcement mechanism in the contract, because he wanted LQMT to be in the position described above. (Also, remember that Li became LQMT's CEO shortly after the cross licensing agreement was announced.) I suspect that due to LQMT's need for Li's investment that LQMT was unable to demand enforcement provisions and was unable to walk away from the agreement. Or, it may have been bad lawyers.
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