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r <br /> James B. Holden, Esq. <br /> February 2 , 1993 <br /> Page 2 <br /> summer) , by an improper, unjustified suspension, contrary to the <br /> language and intent of Article VII B. <br /> My client insists that Mid Continent withdraw its suspension <br /> notice. My client intends to proceed with its sales efforts, <br /> notwithstanding Mr. Delaney's letter in view of our interpretation <br /> of Article VII B. Should any obstacles be placed in my client's <br /> path in continuing sales of the Equipment, I have been instructed <br /> to refer the matter to arbitration, pursuant to Article VIII of the <br /> Contract. <br /> Further breaches of the Agreement by your client have occurred <br /> in that you have failed to cause Notices to be issued for a hearing <br /> in the Bankruptcy proceedings for approval of prices of Equipment, <br /> lists and prices of which I am advised, were supplied directly to <br /> you by M&E early in October. You have also failed to respond <br /> regarding the issues related to payment for my client's further <br /> work, requested by Mid Continent and fully performed by my client, <br /> for removal of portions of the Longwall, which work was beyond the <br /> "Work" to be completed pursuant to the Contract, and for which your <br /> clients have received the benefit. My client will continue to <br /> separately sell those Longwall components and retain 50% of the net <br /> profits from such sales, plus recover its $51, 000 costs of removal <br /> advanced to Mid Continent. <br /> We believe we are entitled to be kept informed and treated <br /> fairly with respect to the foregoing. I trust that matters can be <br /> resolved immediately, but if no prompt response is received my <br /> client will proceed vis-a-vis continuing its sales efforts and seek <br /> such further relief as may be appropriate under all of the <br /> circumstances outlined above. I will be out of the country from <br /> the 3rd until the 12th, but my office can pass on or fax to me any <br /> messages, letters or faxes to me. <br /> Very t ly yours, <br /> rry Arkin <br /> HLA: fah <br /> Enc. Partial list of actual pending sales <br /> C: Mr. Michael R. Ebert <br /> Mr. A. M. King <br /> Mr. Robert Delaney, Esq. <br /> Stephen G. Smith, Esq. <br /> Frank R. Johnson, Esq. <br /> FAH0498.HLA <br />