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cruzer

02/24/06 12:53 PM

#101591 RE: runwitheggsin1basket #101587

March 2nd is 1 week from today. At this time we will see a significant PPS increase in anticiaption of March 15 IMO.

Milk Duds

02/24/06 1:00 PM

#101593 RE: runwitheggsin1basket #101587

The filing says they have to give ten days notice to the other party if they want to terminate.

Does that mean it would be public knowledge? Or can the informed company keep the information private until there is another filing?

G. TERM; TERMINATION. Unless earlier terminated as provided herein,
the term of this Agreement shall commence on the Effective Date and
continue through the end of the Pilot Program on March 15, 2006.
Notwithstanding anything to the contrary, Circuit City may terminate this
Agreement upon ten (10) days' written notice to GNF. Either Party may
terminate this Agreement with cause, effective immediately upon providing
ten (10) days notice to the other Party and if the other Party fails to
remedy the breach within five (5) days of such notice, upon any of the
following: (i) if either Party, or its agents or contractors, is in
material breach of this Agreement; or (ii) in the event that (a) either
Party becomes insolvent, enters into receivership, is the subject of a
voluntary or involuntary bankruptcy proceeding, or makes an assignment
for the benefit of creditors; or (b) a substantial part of either Party's
property is or becomes subject to any levy, seizure, assignment or sale
for or by any creditor or governmental agency. Upon termination or
expiration: (i) GNF shall continue to provide Services to Circuit City
Customers who subscribed to the Service(s) prior to termination of this
Agreement; (ii) both Parties shall pay the respective sums due to the
other Party pursuant to this Agreement as part of the final winding up
under the Agreement; and (iii) both Parties shall endeavor to provide
reasonable transition assistance if and when the Agreement is terminated.

UABGrad

02/24/06 1:00 PM

#101594 RE: runwitheggsin1basket #101587

mark, IMO the 10 day notice is not really in play anymore. If CC wanted to rollout early or if they wanted to end the pilot early the 10 days would have meant something, but IMO we are to close to 3-15 to see an early rollout or early pilot end.

There is nothing in the revised contract about a notice to rollout. If I were betting, I would bet the decision is already made and GZFX knows. It wouldn't seem prudent to wait until the 15th to let GNF know they want to rollout. I wouldn't be surprised if the deal was known (at least informally), 30 days prior to the 15th similar to the original agreement.