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Conclusions
Overall Conclusion on Serious Issue to be tried
For all the reasons given above, I consider that the interpretation of the GSA/SOW contended for by EE is plainly wrong and does not give rise to a serious issue to be tried.
On that basis, questions relating to the adequacy of damages and balance of convenience do not arise and this application for an injunction must be dismissed.
I am grateful to Counsel for their succinct and lucid oral and written submissions.
- Heading
- INTRODUCTION
- Nature of the services to be provided by Avanti
- The contractual framework
- the facts
- Section 5
- The Purchase Orders (“POs”)
- Changes to the SOW
- The Parties’ Negotiations
- The Present Position
- the law
- serious issue to be tried
- Clause 2 of the GSA
- The SOW
- The “Mandatory” Point
- The “Agreement” Point
- The Term and Duration Point
- The EE-HO Contracts
- Effect of an indefinite obligation to supply on Avanti
- EE’s ability to migrate to a new supplier
- CCN5
- The GSA/SOW as an “evergreen” contract
- Conclusion on factual matrix and other points
- Conclusions