The Mystical Moon team posted this letter this evening regarding their general “unhappiness” with the legal process with the Google Lunar X PRIZE competition. As someone who is in contact with most of the teams I can tell you that this is not the only team who feels as strongly as this and I’m surprized that this is the only team to yet go public with it.
It’s time to buck up X PRIZE, you’ve got some fires burning.
April 27, 2011
Dear GLXP Teams:
Please take a few minutes to read this IMPORTANT truthful statement by Mystical Moon.
On February 8, 2011, our team, in good faith, completed registration into the Google Lunar X PRIZE (GLXP) competition by signing the “Legally Binding, Final Agreement and Rules” Version 3.0 Master Team Agreement (MTA) with the X PRIZE Foundation, Inc. (XPF). In emails since the mutual execution of the MTA, XPF has enforced the aforementioned MTA agreement, especially regarding the “blogging and video” requirements, thereby, acknowledging that the Version 3.0 MTA is in force.
On April 15, 2011, instead of meeting their MTA contractual commitments to the registered GLXP teams (Teams), XPF sends out an email (after COB Pacific) containing a substantially modified new version (3.2) of the so-called “Final and Legally Binding” MTA. In that email, XPF demands that the Teams sign the NEW MTA in an unreasonable time frame (2 weeks in the middle of holidays) without allowing any opportunity for recourse or rebuttal. Moreover, XPF attempts to exercise its willful demands with the threat to “disqualify” the Teams from the competition; as if the Teams had committed a wrongful act. Furthermore, XPF unilaterally attempts to simply change their contractual delivery dates in the new “unexecuted” version (3.2) of the MTA agreement on their very due date; as if the legally binding, mutually executed version 3.0 MTA no longer exists.
XPF then follows these actions, within days, with another threatening letter to Mystical Moon accusing the team of being “currently out of compliance with the blogging and video posting requirements of the Google Lunar X PRIZE competition. . . as stated in the Master Team Agreement (Section 6.3.2: Blogging and Video).” However, the requirements stated in their letter do not reflect the language in the mutually executed version 3.0 MTA but rather the modified language in the “unexecuted” version 3.2 MTA. Mystical Moon finds XPF’s actions disconcerting, disingenuous and in violation of the terms of the executed version 3.0, legally binding, Master Team Agreement.
As a result of XPF’s actions, Mystical Moon has exercised its rights pursuant to Section 9 (DISPUTE RESOLUTION) of Exhibit A (Standard Terms and Conditions) of the “Legally Binding, Final Agreement and Rules” Master Team Agreement with X PRIZE Foundation, Inc. that was mutually executed in February 2011 (Version 3.0). Mystical Moon believes that the X PRIZE Foundation is in breach of this executed agreement as of April 15, 2011 when contractual deliverables were due to all the GLXP teams. Mystical Moon intends to hold the X PRIZE Foundation to the legally binding, version 3.0 MTA that was mutually executed in February. Furthermore, Mystical Moon objects to the substantial modifications to the GLXP Master Team Agreement.
Please be advised of the DEADLINE imposed by the “executed” MTA (page 54, §9.2, ¶2):
“Any request by Team to engage in mediation must be made within ten (10) days of the first incident giving rise to any claim or controversy arising out of or related to this Agreement or the making, performance, breach, or interpretation of this Agreement, including, without limitation, any dispute relating to the Judging Panel. The failure to request mediation within ten (10) days of the first incident giving rise to any claim or controversy arising out of or related to this Agreement or the making, performance, breach, or interpretation of this Agreement, including, without limitation, any dispute relating to the Judging Panel, means that any opportunity to raise any such claim or controversy shall be forfeited.”
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