The draft also states (section 5) that the transfer will be divided into sub-chapters (chapter 1 - transfer of regulations and service; chapter 2 - transfer of sales of hoods; chapter 3 - transfer of additional products), and that "the transition between chapters depends on the success of the previous chapter." It should be noted that according to the stages of the agreement, sales through Danan, as opposed to the provision of services, begin in the second stage.
- In Haim's response of July 14, 2016, it was noted: "I think that [S]kim in the meeting talked about passing the baton in everything related to maintenance and service installations as soon as possible, but the whole issue of the sale will be done at a later date after it appears that the service is working properly."
Navot's response incorporated references in Chaim's e-mail (M/138), and in the context of the sales matter, it was written: "Therefore, I wrote that sales are chapter 2 [from the subchapters in the summary of the meeting]. I did not determine when Chapter 2 would take place, and I even added with an asterisk that an episode depends on the success of its predecessor."
- Another meeting took place on July 18, 2016 (M/59), and additional e-mails that did not relate to the date of the transition were exchanged between the parties on July 19-25, 2016 (M/56, M/63). A third meeting may have taken place on July 28, 2016 (email dated July 29, 2016, M/67).
- In an email dated July 31, 2016, the CEO of Lehavot at the relevant time, Nir Kinori, wrote (Nir), "Over the weekend I debated for a long time about the fact that a year has passed and we have not yet reached the second stage of the agreement (if only in the shelves at first). I went through a lot of material and the bottom line [...], the main problem in my opinion stems from a large gap between the expected and the summaries and the actual situation. Lack of manpower and quality problems in installations and service are at the heart of the matter. The meeting deals with the near future and the burden of proof of your ability to perform, the availability of people and the quality of the work now applies to you. I am very optimistic that we will get on the road in the coming months" (M/67).
There is no response from Danan to this notice.
- In September 2016, a meeting was held between the parties, in which a date was set in November 2016 for the transfer of the sales of the hoods to Danan, in accordance with one of the alternatives detailed in the summary of the meeting (M/71).
- On November 1, 2016, Navot sent an email reminding him of the summary of the meeting from September 2016. The statement stated, among other things, that "we are waiting for one of the alternatives to be held accordingly according to the end of meetings with you" and that Nir (Lehavot) needs to be referred to "in order to move forward" (M/85).
- In practice, at the end of 2016, the parties continued to discuss how to transfer the stick to Danan, and the second stage began in early 2017.
- Scripture depicts a joint and coordinated process regarding the date when the second stage will begin; This includes the request of the court to set initial dates and objectives for the second stage; Meetings later than the original date set for the transition of the stage; a meeting summary relating to a gradual process and the conduct of a situation assessment in November 2016; and reference to the fact that at the beginning of November an "operational simulation" will be coordinated. There was cooperation, ongoing discourse, and the determination of action mechanisms and milestones.
- The testimonies that were heard established the existence of an agreement to change the date of the transition to the second stage. See, for example:
"Q: So why did you agree to that? [...] Why did you agree to postpone the entry into the exclusivity until 2017?