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By adrian (registered) | Posted February 15, 2013 at 08:40:48 in reply to Comment 86327
I'm guessing this is sarcasm, since this is obviously not in the original HECFI agreement. It's the text of the email to Jason Farr from Frank Russo.
This discussion is a little off-base, in my opinion:
Threatening to leave town altogether, like the Ticats did, is not the same thing as indicating you will seek to renegotiate a portion of a contract.
Nowhere in the article does it say this. Global Spectrum says they "would seek contractual relief for the subsidy reduction" if a downtown casino goes forward. They understand they are bound by a contract to reduce subsidies, but are saying that they would seek to renegotiate that part of the contract.
Typically, any contract can be renegotiated by the parties in the contract for any reason at any time. The question is whether or not the renegotiation would be successful. In this case, one possible argument would be that they were not given all of the relevant information they needed to make an informed business decision. This understanding may also be reflected in the original contract.
It's not a "clause", it's a message that warns of a possible attempt to renegotiate a portion of the contract.
It's also not really a "threat of legal action". Typically I would consider "legal action" in this context to be a lawsuit. No one is saying (at least in the article above) that they will launch a lawsuit.
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