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For Clarity Agreement

We have expertise in the resolution of contractual disputes, even if there is no written agreement. This is one of the reasons why MSCD categorically says, “Don`t use to avoid doubt.” This also applies to clarity. This arbitration agreement applies to all related matters, the RSU agreement and the employment of the company`s management, including disputes over the validity, interpretation or effect of this agreement or any alleged violation of this agreement, any payment due to that agreement or its rights, and any claim arising from alleged discrimination. harassment or retaliation. In order to avoid doubts, this arbitration agreement does not apply to disputes under the compensation agreement. The court criticized the definitions of the project and transaction as “ambiguous” and “not helpful.” The term “project” meant the wind farm project in which NOMEG participated at the time of the conclusion of the commitment agreement. The term “transaction” referred, to a large extent, to a process of fundraising and borrowing in relation to the project. NOMEG submitted that the definitions of “project” and “transaction” must be interpreted narrowly in the agreement, so that the August 2016 financial accounts do not fall within the scope of the transaction. This was done on the basis that both the development of the wind farm and the financial structure have undergone such significant changes that they are no longer within the definition of a “project”. The judge contradicted and noted that, although it “took into account many aspects of the potential wind farm project” at the time of the commitment agreement, the agreement did not mention specific aspects as necessary elements for the development of the wind farm for the purposes of the agreement. It is therefore important that the parties make efforts in drafting contracts to minimize the margin of ambiguity or ambiguity.

A number of difficulties have arisen and several aspects of wind farm development have changed, including the date and structure of funding and details of wind farm development (. B for example, the turbines to be used and the identity of the supplier). However, the engagement contract was never terminated. The fundraising process was completed in 2016 and, although it did little to contribute to the final form of the development and funding process, Macquarie requested the payment of royalties as part of the commitment agreement.

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