I've been away from the computer for several hours, so I hope Milestone hasn't jumped in and answered for me! LOL
I'm not sure what you mean with your question. The context was compliance with the Confidentiality Clause in what I was suggesting. IMO, the way I described would enable JW to be the judge (!) as to whether a non-compliance had actually occurred with respect to that clause based on the "evidence" a party had in hand to demonstrate the perceived non-compliance. Was confidentiality breached?
Perhaps you mean in terms of a "penalty" for having allowed/caused a breach. I suppose it could be in the form of monetary relief. But it could be anything within reason, and it may depend on "who did what". But in what I was speculating the penalty would have been spelled out and understood in the MOU. The benefit here is that the parties would know what was at stake in advance.
Hey, it was just more speculation - in support of the proposition of others. But even if there were more, much more, contained in that MOU, I would suspect that what I specualte would be the reasonable and smart way of handling the CC aspect.
FWIW,
SGE
