Timebase Pty Ltd v. Thomson Corporation, The

Filing 118

MEMORANDUM in Support re 116 MOTION to Compel Responses to Interrogatories 1 and 8 filed by Timebase Pty Ltd. SEALED DOCUMENT RECEIVED IN CLERKS OFFICE ON 2/12/10. (Gasey, Arthur) Modified on 2/12/2010 (akl).

Timebase Pty Ltd v. Thomson Corporation, The

Doc. 118 Att. 8

Exhibit 11

Dockets.Justia.com

Page 1 of2

Burns, Bob
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From: Burns, Bob
Friday, October 05, 2007 2:45 PM To: 'Sidney D. Bluming' Huber, Elisabeth; Greg LeMond; SieRes, Joe Cc: Subject: RE: Greg LeMond
Sent:

Sid:
You are right; I agree. 15 it is. However, 2 of those bikes are "low e n d .

Have a great weekend. Bob
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From: Sidney D. Bluming [mailto:[e-mail]] Sent: Friday, October 05, 2007 2:34 PM To: Burns, Bob Cc: Huber, Elisabeth; Greg LeMond Subjeck MI: Greg LeMond

all good.

Dear Bob: I hope all IS well with you and yours Things have been exceedingly hectic for me of late, but so far it is

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I a m sending this to you because Greg and Elisabeth Huber have had some email exchanges discussing Greg's entitlement to Trek bicycles under his agreement. 1 was asked to get you my view of this - which is that his entitlement is to 15bikes per contract year. 5.03 of the original agreement provides: "During each Contract Year, Licensee shall provide LEMOND, a t no charge, three (3) high end and two (2) low end Licensed Products (completed bicycles) for the personal use of

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LEMOND and his family, provided that during the Contact Penod LEMOND shall ride no other bicycles."

The Amendment in 1999 added the following provision in Section F, modifying Paragraph 5.03: "Inaddition, in each Contract Year, Licensee shall provide to LEMOND, at no charge, and in consideration of the rights granted under Paragraph 2.05 hereof, ten (IO) Licensed Products (completed bicycles) consisting of LeMond Zurichs (or other comparable bicycle manufactured by Licensee of at least equal value - subject to LEMONDs reasonable approval, which approval will not be unreasonably withheld); provided, however, that LEMOND is free to ride each and any of said bicycles notwithstanding the previous sentence." While I see no ambiguity, please let me know if there is any disagreement All the best. Sid
D.Blumins Bluming Freiinan Franco, P.C. 140 East 15th Street - 19th Floor NCW York, N Y 10017-3 144 Tel: [phone] Fax: [phone] Cell: [phone] E- 1; s b l u i n i n ~ ~ b f f - l i . c o ~ n E-2: sbluming@hluin inglaw. coni
Sidney

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