On Harvey & Eck - DAY FOUR

SUBTITLE:
My other book is all boilerplate.

It is almost 11:30 p.m., Houston time, as I type these words. So it is with most sincerest apologies to Erin and Flamingo1 and with also an appropriate amount of great regret, that I must report that instead of: (1) reading some more of Erin's fine (so far) novel Harvey & Eck; or (2) crafting the threatened (erm, "promised"?) Open Letter to Dan Crall, at great personal cost (but for adequate pecuniary remuneration), I have spent a disproportionate percentage of this evening creating the following paragraphs (and several others of a similar nature):

• As soon as possible after PARTY A has satisfied the Build-Out Obligation, PARTY A shall: (1) deliver to PARTY B a report comparing, in reasonable detail: (x) the size, location, and other non-financial criteria of the Facilities as actually constructed to satisfy such obligation; and (y) the Minimum System Non-Financial Estimates; (2) conduct an accounting of the costs and expenses PARTY A incurred in satisfying the Build-Out Obligation; and (3) prepare a settlement statement describing in reasonable detail such actual costs and expenses (the "Actual Phase I Facilities Costs") and comparing, in reasonable detail: (x) the Minimum System Estimated Costs; and (y) the Actual Phase I Facilities Costs.
• Within a reasonable period of time following delivery of such report and settlement statement, PARTY B and PARTY A shall negotiate in good faith to agree: (1) as to the actual cost and expense as would have been incurred had PARTY A built the Minimum System to satisfy the Build-Out Obligation (the "Minimum System Actual Costs"); and (2) as to the amount to be paid to PARTY A, in the event that PARTY A has incurred costs in satisfying the Build-Out Obligation that exceed the Minimum System Actual Costs, or the amount to be paid to PARTY B, in the event that the Minimum System Actual Costs exceed the Minimum System Estimated Costs and PARTY B has paid some portion of the costs and expenses of the development of the Facilities in satisfaction of PARTY A's Build-Out Obligation.

P.S.
Among dorks in the club, this process is sometimes known as "drafting in space."