Friday, July 17, 2009

CUAA ISSUES

Clarify that we are doing extra work. Will be a cusion if more time is needed. What is contractual that
bill acording to what you produce. You are owed 8k and we have x to collect do you want it now this is what has to happen, we cannot get it form them until this is done.
future things will be structured differenctly and money will be up front.
You will be in a better position if something is done. Advance forwarded money.

EYE TO EYE will solve it. IS nothing is happening then what hasn't happened yet, what hasn't been done yet. Convince him that there is another solution and meeting, part of the process getting to cooperate. It is more important that we get agreement with GR. Invite for Sunday and do dinner and meeting buy hotel room. Invite him.

BUT STRATEGY TO WORK- he has control, can do something, have lawyer look at contract to cover all basis (biz lawyer), show me ways out to force his hand legally, make a deal with uproar on Mon, what is our position now, the best position is to stick with us, and fullfill our contract, has been paid everything except. We need agreement with you that you will do this, amd you will get menoy first.

ADD AMENDMENTS TO CONTRACT- b/c of additional work to enhance system has caused us to extend time base. What were some of the deviations that you needed to make that were not in the initial contract and scope.
What is the minimum to get it done and get him to participate?

BUILDING A TEMPLATE- need to know what alliance partners are doing to bid work for future.

INperson meeting are genuine and show concern for pending contracts, or stale mate the project and get us in a lawsuit, cooperate with us, we know you will get paid.

Give remaining work to Dan, Phil paid first before anyone else. Agree upon figure, Phil controls it but Dan does it. Reduces your exposure financial risk. Show how we will do on paper . Need to make sure that Dan could do it.

STRUCTURED DEAL- power of control should be limited to involvement. When money is paid then control is relinquished of that part. This should be in the contract!!! Legal protection but not full control. We must be protected with controls.

WWBD- what would Bapak do?

Under priced the job
Overpaid gave too much control DMS
+/- he is obligated to produce xyz, he also is under contract to get $$$ for xzy, the non-circumvent is in order he has to let us know
DMS will approach like we do not exist, and will try to strike a deal.

OBAMA made statement- terrorist at Ritz/Marriot in Jakarta on BBC

Should have done CONDITIONAL RELEASE not to circumvent legal doc in-place. Get agreement and auth before hand. It wasn't necessary. Limited POA is only for etc.

REVIEW EMAIL TO PHIL and what has been agreed to him. What does it say? What are we releasing him from and what we are giving him auth to do, and what agreements we have signed by him. On behalf of us? or him?

He has no more repncibilities to us. Released him from if CUAA comes legal. Him trying to strike a deal for more $$$, and CUAA sues us for difference.

Look at Non-cirrcumvent, letter, and correspondence and will give an idea of what to write. Speak to people involved in the deal. Includes them agreements and contracts still in place. He cannot make decision on our behalf, he needs to deal according to contract.

Releasing control does not solve the problem. What was the real purpose of releasing him?

Potentially have lawyer look at this.

Copy and doenload emails/agreements/correspondence and take a look and see what we can do. What we meant to do is diff than what we needed how would you proceed. They are a part, as demands were made, brought on other partner to assist, refuses to give access to allow to speed up finish, we were asked for permission to non-disclosure and gave it. Then we have legal picture and ramifications and responce.
Get legal interpretation of deal!!! What is legal ramification as it is, then find out what can we do to salvage situation, what can we do to protect from legal suit. Is DMS on hook from lawsuit?

80% has been done, then he should only have control over the 25% not done.

Be prpared more
Determine what you can/can't do right now

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