You might have some points Rogue but i believe that the 'canon holes' in the Agreement could work both ways for/against TCK and CUU. CUU has 100% of SC and ownership speaks wonders. Elmer's seat on the Laird board is another fact in CUU's favour.
If I were to add things up, I'd say that CUU is probably in a better position in any challenge of the agreement by TCK. TCK will have the clock ticking on its 120 day decision which should focus their attention to that time period. I dont' think TCK will want lawyers opening up cans of worms that may or may not be able to be put back in their cans in 120 days.
Correct me if I am wrong, but I believe the Agreement was produced by TCK. TCK would be opening up a big question mark around all of the various/comparable agreements between TCK and other Jrs (TcK & CCY for one example) and its agreements in the future. What little Jr will want to court a tower full of lawyers to do business with, when being a Jr is so inherently risky in itself? TCK depends a lot on its agreements with various Jrs to supply the stream of projects into the future.
jmho