Extract to table
Pull the structured facts out of a document: parties, dates, amounts, obligations.
Extract to table / deposition-outline-gunderson.docx
deposition-outline-gunderson.docx
Parties
Nexford Industrial Holdings Inc
Harkness LLP
Associates LLP
Pinnacle Economics Group LLC
Dates
January 12, 2023
January 18, 2023
January 15, 2020
October 3, 2022
June 10, 2022
July 5, 2022
August 8, 2022
February 7, 2023
January 25, 2023
Amounts
$2.18
$1.47
$1.08
$0.21
$210,000
$6.41
$1.68
$4.73
$0.38
$5.11
Obligations
The MSA is unambiguous: Surcharge Notices must be delivered "no later than fifteen (15) business days after the end of the applicable month
Gunderson must be asked directly whether CPI sought or received written consent, and whether CPI had any internal process for monitoring compliance with this provision
The questioning must be thorough and precise, establishing both the contractual requirement and Gunderson's knowledge of it
I will read the relevant language aloud for the record: "Seller shall deliver a Surcharge Notice with supporting documentation no later than fifteen (15) business days after the end of the applicable month
Failure to timely deliver the Surcharge Notice shall constitute a waiver of Seller's right to collect the surcharge for the applicable month
4(c) of the MSA: "In no event shall the aggregate monthly surcharge exceed 12% of the applicable Base Price for the relevant product category without prior written consent of Buyer