The content of the agreements
Overview
- The evidentiary law follows the substantive law, and a party must prove a claim that advances his case (for example: Appeal Petition/Administrative Claim 7990/20 Clalit Health Services v. Hatzor HaGlilit Local Council (June 1, 2023), Section 48; Civil Appeal 8398/17 Patriarch of the Greek Orthodox Church of Jerusalem v. Berisford Investments Limited (June 10, 2019), section 19; Civil Appeal 1333/14 Mitri v. Adv. Dobronsky (July 28, 2015), paragraph 23; Civil Appeal 9096/11 Karnit Accident Victims Compensation Fund v. Jabareen (July 10, 2012), para. 15).
The burden of proving a change in the content of the signed agreement is on the person claiming it.
The date of the transition to the second stage
- The agreement was signed on June 28, 2015.
According to clause 2.1 of the agreement, the first stage, which deals only with the service and does not refer to exclusivity, "will last 12 months unless the parties decide, by mutual agreement, to shorten or extend the aforementioned period."
- In light of the above, the second stage is intended to begin on June 28, 2016, with the possibility of changing it by consent in advance, as stated. In practice, the second phase began a few months later, at the beginning of 2017.
Lehavot claims that the change in date stemmed from Danan's unwillingness to move to the second stage, and in any case it was done by consent.
- The evidence shows that on June 14, 2016, about two weeks before the contractual date for the transition to the second stage, Danan's CEO sent an email to Lehavot stating that "in recent weeks, [Danan] has been making moves to promote cooperation, become more efficient and move to Stage B of the agreement"; that certain elements (including Navot) have entered various positions for this purpose, and concluded: "At the moment, of course, everything is continuing as usual and I hope that in the coming days we will meet and set the first dates and targets for Stage B of the agreement" (M/50).
- A meeting in which the transition to the second stage was discussed Existed on July 6, 2016 (about a week after the contractual date for the completion of the first stage).
- On July 10, 2016, Danan (by Navot) sent a draft of the meeting summary for Flame's comments (through Haim Schwartz; Life), which was titled "Summary of Meeting A. We are dealing with flames - beyond the second stage of the agreement" (M/54; The Draft; To the correspondence to which was attached, see M/56).
The draft states, among other things, that Haim and Navot will hold weekly meetings until "a full transition and for the purpose of close accompaniment of the process" (M/54, section 3); that on August 1, 2016, "orders from hoods and buses will be transferred for the full handling of A. Danan (after the sale, without a work arrangement)"; that in September 2016 there will be a "Joint Management Roundtable"; and that on November 1, 2016, there will be "a situation assessment and joint training as needed" (ibid., section 4).