I got that after the fact. Old post, applied to current situation.

Regarding MOUs, I was very clear about my experiences with them. Perhaps limited, but NEVER could I see one constructed and applied as described by Brian. If you can make any sense of his description/application, have at it. Until you can, I suggest you back off from advising the Contracts guy who has had actual, real world, experience with such things, on a very large scale (it was just the lil ole Space Shuttle program). I dealt with several. Not like the literally hundreds of contracts I've dealt with.

I will mention one odd thing about that MOU. As I've advised previously, they are NOT considered a formal contract, but may invoke contracts upon occurance of a specified event/time. In this case, the MOU is enforced (apparently) by the court, thus making it "closer to" a formal contract. This is somewhat strange. Why not make it an MOA - a formal contract - up front? My only possible explanation is that when they entered into that understanding, there was no assurance as to how the court (JW) would deal with it. But I'd bet they (Cook and TPL) had a good clue. It's always easier to get the opposition to sign a lower tier document. Then let the Court give it the teeth. I'm more impressed with Cook and Co., and TPL, all the time. Too bad I don't fully trust TPL.

JMHOs,

SGE