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Gold/Mining/Energy : ABER RESOURCES -- Ignore unavailable to you. Want to Upgrade?


To: I_C_Deadpeople who wrote (1080)3/18/1999 10:00:00 PM
From: teevee  Respond to of 2006
 
Eric,
Aber states they agreed to participate, but failed to provide their pro-rata share of the agreed to budget monies by a specified date as per the JV agreement. I can only assume that there is no "remedy" clause and that there is a "time is of the essence" clause. In street parlance, if you snooze, you lose. How Aber participated in the past as opposed to how the agreement specifies participation are two separate issues. Are you telling me that Aber had a rather relaxed attitude in how they participated in the JV? I hope not for the sake of Aber shareholders.



To: I_C_Deadpeople who wrote (1080)3/18/1999 10:26:00 PM
From: Gord Bolton  Read Replies (1) | Respond to of 2006
 
<The dispute IS about whether WSP was notified that Aber was participating in the program>

From your post, I would take it that everyone is reading from the same page and saying the same thing.

What ABER management do not understand is that notify has a legal meaning which would include a signed document being passed from one party to the other conveying meaningful and binding communication.

It is kind of like telling someone that you would pay them $50,000.00 for their house. Without a written offer and a consideration (significant check) you have not made an offer. And even if the other party says O.K. it is a deal-it is not a deal until the paper work is done and signed. Elementary business protocol.

You have expanded ABER's line of arguement from "We don't know what the JV contract says." to "We don't not know how to do business."

Interesting as they are, they will not be successful in court.

If the managment of ABER intended to spend $4 million dollars one would think that they might have indicated as much to their shareholders even if they did not notify Winspear.

In a large dollar JV exploration program with a very small window of opportunity for a years work, you simply cannot say show us the results and send us the bill and then we will decide whether we wish to pay or be diluted.