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16-1041 - High Elevations, LLC v. Garber et al


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16-1041 - High Elevations, LLC v. Garber et al
March 30, 2018
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MEMORANDUM Opinion and Order signed by the Honorable Virginia M. Kendall on 3/30/2018. The Agreement drafted by the Defendants required payment to the Plaintiffs in total of $175,000 in exchange for nullification of the November 2014 Non-Disclosure and Non-Compete Agreement and the ability to proceed with a Sky Zone Franchise. The term "proceed" in the Agreement required the Defendants to open a Sky Zone franchise. This did not occur. Because the event entitling the Plaintiffs to a one-time full royalty payment of $175,000 did not occur, theHEL parties are not entitled to the full payment. However, because the events set forth in Paragraph 4's subsections are each express conditions, and there is no dispute that the express condition in 4(i) was met, the HEL parties are entitled to retain the $43,750 payment made by Defendants pursuant to this provision. Defendants do not owe any future payments to Plaintiffs. Judgment to follow. Mailed notice(lk, )