The minimum tons and grades are stated in the contract so if NLI did not achieve either or both it could walk away
If NLI still wished to proceed on a less tonnage or grade then that is their decision as long as they continued to make the milestone payments which I have read before were paid with Luso rejecting the last one back in June or July
I think Luso will lose and lose badly
Luso behaviour is unconscionable and the judgement will reflect this
Just my thoughts
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