Seriously, you think Lake are raising this issue uninformed and for giggles????
"The only angle that makes any sense is that Lake wants to end its agreement with Lilac and go at it with a different DLE provider."
- That doesn't make sense at all. If Lilac was failing to perform then Lake would just let them fail.
What incentive is there for Lilac to continue?
- Ummm.... the binding legal contract. Just because you don't achieve pat of your contractual obligation doesn't void your requirements to fulfill the remaining obligations.
- The fact that Lilac have already invested well over $100m into the project
- I was under the impression that there were not set to lose the entire 25% on this milestone just a part of it.
If it does go to arbitration there could be an opportunity to negotiate a part of the agreed stake, but it really depends on where the fault lays for the delay and what the contract identifies as mitigating circumstances.
Both organisations have a lot riding on this milestone and in the interest of their stakeholders they both need to challenge this issue - it is totally appropriate.
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