There is no mention of delivery of rights or $25,000 in either the Amiga version or the Hyperion version he is pointing too. The only place the $25K is mentioned is the original contract, and the Hyperion-Itec sales agreements. In both cases those documents are identical with the exception of Annex II appearing on the Hyperion version of the original contract. Since 25K is not mentioned in either version of the document he is discussing, my only analysis is that he is confused when he referenced those docu
Ok. I see what you are saying.
But my point is that Amiga Inc's version of that does not make sense as a seperate agreement. only when viewed in the context of the first Agreement.
Why would Hyperion sign a contract that makes them turn over source code for no money when they had signed the original Agreement that will have Amiga Inc pay a minimum of 25k ?. If you see it as: ok AMiga Inc pays the 25k as in the first Agreement then the Arctic Agreement , by implication says based on the first Agreement then hand over the Source code.
However Amiga Inc's breaches of section 4 of the first agreement puts the cost of the "Buy-in" well above 25k, and that is real cause of the dispute.
There is no way Amiga Inc can win due to this open ended unpaid cost. The meter is still ticking on the costs here. Thus the "Buy-In" could never be completed before clause 2.08 has kicked in.
so as you would say "It does not matter"
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