Traffic Devices further claims that it did not breach the letter of undertaking, which, according to it, prohibits only the existence of competing activity or inquiries to the manufacturer, which originate from information that will be provided by direct imports to traffic devices, and these prohibitions do not apply to actions that rely on information that was in the possession of Traffic Devices prior to its engagement with Direct Imports or on public information. In the present case, Motion Devices had prior acquaintance with the manufacturer, and in any event, its contact details are in the public domain, and the relationship that Motion Devices created with the manufacturer does not contradict the letter of undertaking.
Traffic Devices claims that the complaint of the trustees, who attribute to the traffic devices operation behind the backs of direct imports, is guilty of self-blindness, since they themselves admitted during the hearing that they are acting in the same manner vis-à-vis the manufacturer. If, according to the trustees, clause 16.3 of the agreement is valid and exists, then they are also prohibited from contacting the manufacturer without informing the traffic devices. In addition, it was argued that as soon as the manufacturer announced the cancellation of the concession agreement with China Israel, since China Israel has no other assets, there is no legitimate interest in enforcing the non-competition clause on traffic devices. Without admitting any obligation or responsibility to do so, Traffic Devices declares that within three months from the date of submission of the supplementary argument, no application will be made on its part to the manufacturer in order to obtain a concession to import private vehicles manufactured by JAC. It was further argued, with regard to the request to produce the documents, that Traffic Devices did not conceal documents from the trustees, and that the trustees' demand for documents was broad, vague and undetailed. Finally, Traffic Devices requests that if an order is issued in accordance with the trustees' request, it will be conditional on the provision of a self-commitment by the Retirement Fund to ensure the damage caused by the Traffic Devices.