"Q: But did you give your consent to this exception?
A: It could be that I gave my consent and I didn't have to. I was in a good relationship with Nir, Snir asked to come and put those aside for a moment, it makes me a little noise, I said okay. They were angry with me at Danan, both Navot and Ronen, in my opinion, because it wasn't right, but I really saw it as background noise. It was really background noise."
- 375, s. 17-21.
"Q: [...] Why did you agree to the distributors who were excluded, why did you agree to postpone the entry into exclusivity until 2017?
A: Because I said it was a long relationship, that's how we built it, that's how we looked at it, background noise of the first year is background noise. That's what I talked to the CEO of that company, and we both agreed on it. I sat down with Nir and we agreed on it. There are all kinds of noises here, there are all kinds of people for whom things didn't work out well, but they don't see the 3,000 feet that we see."
- 382, paras. 16-22. See also p. 383, paras. 12-15.
- Summary of this issue: Even if it is not happily and even if it is of the opinion In retrospect which made a mistake in doing so, Danan gave her consent to the exclusion of distributors.
Bus Sector
- In the statement of claim, Danan claimed that during the period intended for the transition to the second stage, it became clear Shalhavot refrains from submitting to it the installations of fire extinguishing systems on buses, because after the meeting held on July 6, 2016, Lahavot announced that, contrary to what was stated in the agreement, Danan would not accept the bus sector (installing fire extinguishing systems and providing service to these systems), and that at this stage Danan had already invested a lot of money and was forced to "swallow the bitter pill", even though it did not agree to a full "removal" of this field (paragraph 16 of the statement of claim). In the hope that the exclusivity in the second phase of the agreement will reward her.
- Lehavot claimed that at a certain point it was agreed between the parties to exclude the bus sector from the contract, after Danan did not want or failed to meet its obligations in this regard and treated it as an economic burden.
- On the evidentiary level, we saw in a previous chapter that in July 2016 the parties began meetings and coordination regarding the transition from the first stage to the second stage.
The draft summary of the meeting held on July 6, 2016 also mentioned the bus sector; In his response of July 14, 2016, to the draft (M/138), Navot (Danan) referred to Haim's comment (it is not clear which one) regarding the buses, and wrote that "the issue is not organized and its transfer will provide the organization's solution. It is imperative that we immediately transfer the operation." Navot referred to a frustrating interim situation and the fact that Danan is "struggling" with jobs so as not to lose employees and is at a loss because there is no work.