From: Hahn, Cynthia [mailto:firstname.lastname@example.org]
Sent: Tuesday, April 03, 2012 7:01 PM
To: Hardesty, Jan; Scharper, Julie
Cc: Frenz, Michael J.
Subject: RE: Agreement with Downforce Racing
Downforce RAcing has never returned a fully executed counterpart of the contrac to MSA, unless MIke has received it over the last 48 hours. Last I heard, Mike had advised Reck that we needed a properly executed counterpart, and Reck said he would provide it. That was last week, before I left on vacation. I have received nothing since.
MSA's receipt of the signed copy is critical for a few reasons. First and most obviously, until we receive their signed counterpart, their is not contract. That leads to the second part that is relevant for PIA disclosure purposes: If there is no final contract, there is nothing to produce. Draft and partially executed versions of contracts are exempt from disclosure. Mike's signed copy is not subject to disclosure, until DFR signs off on teh agreement--and signs off properly in a manner that is legally binding.
Bottom line: MSA has nothing to disclose to the Sun yet. Because this could present some PR problems for DFR, I will contact their attorney. You should refrain from discussing this with the Sun until Reck has a chance to get MIke his properly signed counterpart.
If Mike has it, then MSA's counterparty signed by Mike can be released. I do have the pdf of it that Pam sent over to me. However, the original of the pdf is likely retained by Mike and Pam.
I will copy you, Mike and Pam on my communication to Reck's attorney. At this point, I would give the Sun no information until we find out if Reck has the necessary signatures.