(-) Upon receipt of the Letter of Recognition by the Government of Israel, the Patriarch will be "responsible" for obtaining the approval of the Holy Synod of the Settlement Agreement (Article 3).
(-) The settlement agreement will be brought to the JNF for approval by the authorized institutions, "and subject to this approval, the settlement agreement will be signed in full by the parties within 7 days of the government's approval" (section 3).
(-) The Patriarchate was given an option to settle the dispute according to Draft B, which was also attached to the detail (the alternative of extending the lease period), provided that it announces its selection within the stipulated time period (section 4).
(-) What is stated in drafts A and B will not bind the parties "except with the full signature of any of the aforementioned documents", and all the rights of the parties towards each other and towards any other party are reserved for them (clause 6.1).
(-) The parties undertook to "cooperate with each other and to do their best in order to carry out the agreement in all of these details as soon as possible" (Article 8).
(-) The Patriarch "approves what is stated in this detail and its appendices and that he will act in accordance with what is stated therein, after the content of the particular, as well as the contents of the appendices thereto, have been translated and explained to him by the representatives of the Patriarchate" (section 9).
(-) The detail was "signed for evidence" by Adv. Weinroth and the retired judges from the Arbel Trials who were brought to serve as witnesses to the case, who confirmed in their signature that the parties had agreed in their presence what was stated in the particular, "and undertook to each other to act in accordance with what is stated therein and to comply with its provisions" (paragraph 10).
- An examination of the language of the particularAll reveals a number of insights. First, there is no dispute that the detail is in the form of Contract Stipulated that the charges therein were subject to the receipt of a letter of recognition by the Government of Israel.
Second, the particulars are not a final agreement that stands alone and exhausts the agreements of the parties and the obligations they have assumed, but rather Contract for making a contract. In other words, when the conditions specified in the details are met, the parties will sign a binding settlement agreement, the details of which have already been agreed upon by them and put in writing. The settlement agreement (with its two alternatives) was attached as an appendix to the particular, and its entry into force required the signature of the parties. According to the provisions of the Protocol, the settlement agreement also required the approval of the relevant parties (the Holy Synod on the part of the Patriarchate, and the authorized institutions of the JNF on the part of Himanuta).