Not ideal but I'm not particularly concerned. Without seeing the agreements it is difficult to really draw conclusions as to the strength of the case or whether YOW has a decent defense eg some sort of break clause. Regardless, even if YOW are found to be in breach I doubt the quantum of damages would be that large (nothing like the $6.9m unless there is a watertight indemnity clause, which isn't mentioned in the filing and would seem unlikely).
People can do their own research around how damages are awarded for breach of contract, duty to mitigate, etc and draw their own conclusions. You never know of course but I wont be losing any sleep. Although maybe the best option would be to pay out maybe 2 years of the contract (about $1.2m) to make Whetstone go away.
At the end of the day, if Whetstone's claim succeeds, any order over $3m and I would maybe be thinking YOW management may have made a mistake. Anything in the $2m-$3m range I'd be on the fence. Anything less than $2m and I'd be thinking that, while irritating, it's probably a price worth paying to move on from Whetstone.
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