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Ghors

02/16/05 10:14 PM

#95357 RE: mschere #95339

mschere: Didn't mean to mislead. We do not know the exact language of the contract. We merely had discussions wherein I argued that it didn't seem reasonable for NOK to avoid the payment of a reasonable rate forever, merely because none of the listed triggers ever signed a contract.

My partner took the other side (NOK's) and argued that they paid considerable consideration for such language and the mere fact that we couldn't sign a trigger to obtain additional consideration was tough.

As trial lawyers, we spend much of the day debating evidence and the implications thereof in preparing for trial. This was another of our friendly debates as he is also a considerable IDCC long and we were trying to sound out the possibilities.

Whether or not there is a catch all clause or not we may never know.

Ghors