Subject: RE: CAF Letter
From: "Neil Callahan" <[email-masked]>
To: "'Hunter Biden'" <[email-masked]>, "'Devon Archer'" <[email-masked]>, "'Eric Schwerin'" <[email-masked]>, "'Michael Muldoon'" <[email-masked]>
Date: Thu, 29 Jul 2010 22:03:44 -0400

Salvatorious clause is normally known as severability clause. When a
contract is divided into several parts it includes a salvatorious clause.
Salvatorious clause is essential in a contract with several parts because
even if some clauses of the contract become ineffective the remaining
clauses of the contract will not be affected because of the presence of
salvatorious clause. 

Salvatorious clause helps to retain the nature of a contract. Even if a
clause or term in a contract is invalid or against law, the rest of the
contract which is valid can be saved if a salvatorious clause is present.
The rest of the contract can be fulfilled. The clause that is not valid can
be rewritten to fit the original intent of the contract according to the
requirements of law. Such clauses are sometimes used in statutes to preserve
the effectiveness of certain portions of the statute if some part is struck
down as unconstitutional by a court exercising in judicial review.

 

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Neil Callahan

Rosemont Seneca

401 Greenwich Street, Suite 400 | New York NY 10013 | 212-933-9965 |
212-796-4037

1010 Wisconsin Avenue, Suite 705 | Washington DC 20007 | 202-333-1880

917-945-9516 (mobile) 

866-749-8879  (fax) 

From: Neil Callahan [mailto:[email-masked]] 
Sent: Thursday, July 29, 2010 9:55 PM
To: 'Hunter Biden'; 'Devon Archer'; 'Eric Schwerin'; 'Michael Muldoon'
Subject: FW: CAF Letter

The "clerical error" is polite way out that we are giving them.

It allows them to save face and chock it up to a mistake that we will gladly
take the fall for.

Blame it on our Pittsburg office.

If it's something other than that - game on:  you drop the hammer and let
the skull crushing begin - wearing a hat and some boots of course.

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Neil Callahan

Rosemont Seneca

401 Greenwich Street, Suite 400 | New York NY 10013 | 212-933-9965 |
212-796-4037

1010 Wisconsin Avenue, Suite 705 | Washington DC 20007 | 202-333-1880

917-945-9516 (mobile) 

866-749-8879  (fax) 

From: Neil Callahan [mailto:[email-masked]] 
Sent: Thursday, July 29, 2010 9:44 PM
To: 'Michael Muldoon'; 'Lorenzo Roccia'
Cc: 'Hunter Biden'; 'Abel Navarro Homet'; 'Eric Schwerin'; 'Devon Archer';
'Pio Mortera Nales'
Subject: RE: CAF Letter

Thanks Mike,

I do not think we should be second guessing ourselves or negotiation with
ourselves.

The reason we do not have a signed agreement on the success fee is a purely
administration error, nothing more.

Essentially we are executing the "Severability Clause" or salvatorius clause
in our agreement, meaning regardless of the omission or administration
error, the spirit of the agreement is intact.

Our position is we have a firm agreement and a clear understanding and that
someone made a clerical error and/or omission in capturing the intent of the
agreement.

We made a paper mistake, nothing more.  And we are protected by salvatorius.

So our letter should be congratulatory in nature and then focus on
correcting a clerical error in the underlying contract, not a big deal.

The more of a big deal we make it - the more they will make it a big deal.
Clerical errors are not a bit deal.

Best,

Neil

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Neil Callahan

Rosemont Seneca

401 Greenwich Street, Suite 400 | New York NY 10013 | 212-933-9965 |
212-796-4037

1010 Wisconsin Avenue, Suite 705 | Washington DC 20007 | 202-333-1880

917-945-9516 (mobile) 

866-749-8879  (fax) 

From: Michael Muldoon [mailto:[email-masked]] 
Sent: Thursday, July 29, 2010 5:48 PM
To: Lorenzo Roccia
Cc: Hunter Biden; Abel Navarro Homet; Eric Schwerin; Devon Archer; Neil
Callahan; Pio Mortera Nales
Subject: CAF Letter

All-

Please find attached a DRAFT letter to be sent to CAF based on our
conversation yesterday. Let me know your thoughts and we can amend as
needed.

Thanks,

Mike 

Mike Muldoon

Rosemont Seneca Partners, LLC

1010 Wisconsin Ave., NW

Suite 705

Washington, DC 20007

(202) 333-1880

[email-masked]

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