Well, that would set a historical precident. A performance contract with no guidlines as to the bench marks required and no shotgun clause!

By this standard we could be stuck in a loop forever and our only option out is abandonment.

I've never seen such a thing and I doubt anyone in the mining business would every be so stupid to accept such a contract. CUU's lawyer would have to be on crack to permit them to agree to such a thing. I also doubt such a contract would be enforceable in a court.

The problem with the idea that abandoning the liard shares is a way out is incorrect. That would not terminate the contract. Only out right abandonement would get us out and then Teck could sue us for failure to perform resulting in a breach of the contract. Not only would we lose everything we'd be on the hook for specific damages.