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03/02/01 DeJana to Neier/Hansz Memo:rosswell Subject: crosswell Date: Fri, 02 Mar 2001 16:13:53 -0700 From: Rich DeJana/MYSA <rdej ana@digisys. net> To: Judi Funk <jfunk@kalispell.com> To Glen Neier and Chis Kukulski >From Rich DeJana date: March 2, 2001 RE: Jim Hansz Memo Glen and Chris: I have not fully read all of Jim's memo. He makes some good comments. But let us be sure that we are not being lead down the path of renegotiating what was agreed to. I also want to be sure we are not into semantics and form over substance. An example of this is playing with the "whereas" clauses which are simply recitals and of no legal significance. Any way I appreciate Jim's work but will address his concerns. I do think he could solve one concern by simply looking at the conditions that will be attached an marking the agreement where he thinks they apply. This is especially true because we used as close as possible the words of the conditions. Also, we need not discuss that he does not like late comers' agreements. Unfortunately those agreements run all though the approvals and we will have to live with them. As I said I will not renegotiate matters that were already decided. Our focus is to put the approved portions of the application and the conditions in to words. Our purpose is not to reinvent the solutions. Chis, you already took care of this with your negotiations. Thanks and I will be going over this material this weekend. cc: Client Rich DeJana I of 1 3/5/01 8:02 AM