Extract to table

Despite anticipated testimony that he delegated "day-to-day" operational decisions to Sandra Milescu (COO) and Derek Pruitt (VP, Business Development), we must establish that Vantorovich exercised ultimate authority over all material business decisions at both Vantor Holdings Corp

This line of examination must be pursued aggressively but methodically

The TSA establishes five specific Service Level Obligations that VTS is required to meet: (i) On-time pickup rate of 95% or greater; (ii) On-time delivery rate of 93% or greater; (iii) Cargo claims ratio of 0

2 sets forth the Cure Notice requirements, including that the notice must describe the alleged breach with "reasonable particularity" and specify the actions the breaching party must take to cure

• Does Vantorovich believe this amount represents Vantor's actual damages from the termination? • At the time the TSA was executed in March 2019, what did Vantorovich understand the liquidated damages provision was designed to compensate? What type of loss was it intended to address? • At the time of contracting, were actual damages from an early termination "difficult to ascertain"? This question is relevant to the enforceability of the liquidated damages clause under New York law, which requires that (i) actual damages must have been difficult to ascertain at the time of contracting, and (ii) the liquidated amount must be a reasonable forecast of probable loss