Q. Ok, so I would expect that if you decline it as you said out of hand that you would have something else as detailed on the two fold things that you just told us about.
A. We didn’t think we needed anything beyond that because we would have the conversation, and all of us were present and all of us were satisfied that Mr. Morel understood what we were proposing that he would be doing.
Q. Ok.
A. He didn’t find any need he understood, we had a very lengthy conversation, exactly what we said and I think I said in my affidavit that we were very comfortable with the process that we were moving towards in arbitration, we wanted, we wanted him to focus on the elements of our public relations getting our story out and we wanted him to contend with the systems in the arbitration. Lots of things that were in there that were completely over the top and some people council and from the company’s perspective we will not engage in those kind of activities.
Q. O.k.
A. And he understood us."
לייפסיק אישר, כי בתקופה הרלבנטית הוחלפו בין הצדדים מאות (ואולי אלפי) תכתובות של דואר אלקטרוני. אם אכן היה ממש בגרסת הנתבעים, בוודאי היה ניתן למצוא ביטוי להסתייגותם המפורשת מתכנית המשחק ולו באחת מבין אותן מאות תכתובות של דואר אלקטרוני, בין מלכתחילה, בין בדיעבד, אולם לא כך הם פני הדברים בענייננו.
הסברו של לייפסיק, כי הסתפק בדברים שנאמרו בעל פה בשיחת הוועידה הטלפונית ובהסכם שכר הטרחה עם מורל תקשורת, אינם משכנעים, וזאת בלשון המעטה (שם, עמ' 61 ש' 1 עד עמ' 63 ש' 6):
Q. Even the engagement with Mr. Morel the contracting Mr. Morel took several e-mails and letters but in no letter in no e-mail, nothing can we find that fact that you that is claimed now that you rejected that game plan out of hand or, or having discussed it or having making sounds of decide of any detail in that plan.
A. Mr. Morel decided that he wanted to engage in trying to present to us something that was going to impress us and he had lots of things in there that we took a look at and said it was
--- סוף עמוד 22 ---
completely uncontainable and it wasn’t something that we were going to engage in, and we simply told him emphatically on a telephone call we are not going to be doing any of this, we don’t want to be engaged in a game plan and we felt that was sufficient, I mean obviously in retrospect I wish we had made it a part of the written communication, but to be honest we didn’t think we needed to build a record in relation to our activities because he well understood as did Mr. Ronen