by SailRaceWin
Contents of letter from Société Nautique de Genève to Golden Gate Yacht Club, 27th December 2009:
"Société Nautique de Genève defending yacht will be constructed in Switzerland in compliance with the provision in the Deed of Gift. The Deed only requires the “yacht or vessel” to be constructed in the respective country and does not expressly impose obligations in respect of any of the separate components onboard the yacht or vessel.
"We remain willing to meet and discuss to resolve any concerns you may have, although until there is certainty as to what “yacht or vessel” SNG will declare for the Match the issue would appear to be theoretical and moot until then."
Contents of letter from Golden Gate Yacht Club to Société Nautique de Genève, 29th December 2009:
"Thank you for your letter of December 27th concerning the "constructed in country" requirement of the America's Cup Deed of Gift.
"This is to confirm that GGYC welcomes your offer to meet and discuss this issue, which, as you know from our letter of December 22nd, we believe is of the utmost urgency. We are prepared to meet at a mutually agreeable time and place as soon as possible. When and where would you suggest?"
Reply from Société Nautique de Genève to Golden Gate Yacht Club:
"I refer to our letter dated 27th December 2009, a brief email message I have received in response from your representative Mr. Ehman, your press release dated 28th December 2009 and your letter of 29th December 2009 welcoming our offer of ameeting to discuss the concerns you have raised. I am pleased you have accepted our offer of a meeting, and I hope we can continue the recent good progress we have both made in Sydney.
"Given the success of the Sydney meeting, I propose the meeting is again held before the America’s Cup International Jury Chairman Mr. David Tillett. We have spoken to Mr. Tillett and he can be available for a meeting. He will respond directly to both competitors to confirm a date and place for the meeting.
"You have raised concerns regarding possible sails and other unspecified equipment that might be used on a yacht or vessel that SNG may select to defend the America’s Cup just prior to the commencement of the first scheduled race of the Match, on 8th February 2010. As expressed in our previous letter, SNG defending yacht will be constructed in Switzerland in compliance with the provision in the Deed of Gift and SNG disagrees with your interpretation of this provision of the deed of gift. SNG observes the Deed only requires the “yacht or vessel” to be constructed in the respective country and does not expressly impose obligations in respect of any of the separate components onboard the yacht or vessel.
"Should your proposed interpretation be followed, SNG would have similar concerns regarding a number of items of equipment onboard the USA. SNG is also concerned that USA’s rig is not as described in your challenge documents dated 11 July 2007.
"It is sensible that our respective related mutual concerns be discussed and addressed together at the same meeting.
"Once we have confirmation of the date and place, we will advise our representatives that will attend the meeting."
Alinghi
Société Nautique de Genève
BMW ORACLE Racing
Golden Gate Yacht Club
Saturday 2 January 2010
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