On Thu, Apr 14, 2016 at 7:29 AM, Craig Haynie <cchayniepub...@gmail.com>
wrote:

No one would pay on that basis...
>>
>
> It would have been easy to write that into the contract. The contract
> could have said, "Both IH and Rossi have the option to do an independent
> 350 test, and the final reports with be shared. If both sides agree to the
> sale after these reports are delivered, then IH will pay $89 million."
>

It is for the courts to decide whether the omission of a clause like this
prevents the application of common sense and contrary information to an
assessment the ERV's report. Presumably the courts have lattitude here, but
US law sometimes leads to outcomes that are comprehensible only to a lawyer.

Eric

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