I think AR will retire allowing Ellison to defend against ETNZ and that will leave us a great head to head without the courthouse debacle caused by GGYC last time around. ETNZ will have a great chance, once in a lifetime perhaps, of beating GGYC in virtually DoG conditions but governed by an MC protocol. The worst possible sailing outcome for Ellison. As for BoS and contracts with the taxpayer? Well ACEA tied the BoS round Ellison's little finger with a plethora of real estate deals worth a small fortune over 66 years but can the BoS sue ACEA for non-performance?
sf has no binding ''deal '' with oracakle or evilsin or ggyc
but if they did
sf can sue acea and ggyc
AFFIRMATION OF AGREEMENT BY GOLDEN GATE YACHT CLUB
The Golden Gate Yacht Club affirms that it: (i) is the present trustee under the terms of
the Deed of Gift governing the America's Cup; (ii) is authorized to select the venue for
the 34th America's Cup under the terms of a Protocol Governing the 34th America's Cup
agreed between the Golden Gate Yacht Club and Club Nautico di Roma; (iii) has
authorized,
on its behalf, the America's Cup Event Authority to enter into the foregoing
Host City and Venue Agreement with the City and County of San Francisco and the San
Francisco America’s Cup Organizing Committee;
(iv) in connection with any dissolution
or liquidation of the America’s Cup Event Authority it will cause the America’s Cup
Event Authority to assign its rights and delegate its duties under the Host City and Venue
Agreement to the Golden Gate Yacht Club or its nominee,
which shall accept such rights
and assume such obligations pursuant to Section 19.3 of the Host City and Venue
Agreement; and (v) will exercise sole discretion in selecting the venue for the 34th
America's Cup contemplated by said Agreement and by the Protocol
http://www.oewd.org/...CA 11.10.11.pdf19.7 If any provision, or any part of any provision, of this Agreement shall be
held to be invalid, illegal or unenforceable: (i) such provision, or such part, shall be
severed without effect to the remainder of the provisions, and the remainder of such
provision, which shall continue in full force and effect; and (ii) the parties shall
immediately commence good faith negotiations to remedy such invalidity, illegality or
unenforceability through the substitution of a valid, legal and enforceable provision, or
part of a provision, which achieves, to the greatest extent possible, the economic, legal
and commercial objectives of the invalid or unenforceable provision, or part thereof.
19.8 This Agreement may not be varied, amended or modified except by an agreement in writing expressed to be a variation, amendment or modification of this Agreement signed by a duly authorized representative of each party