To this is added the testimonies of Adv. Weinroth and Adv. Elhanani, which, as recalled, were found to be reliable by the trial court. As detailed, they clarified that at the time of the meeting in which the detail was read, the wording of the final agreement was agreed upon by the parties, and the purpose of the detail and its reading was to formulate an agreement between the parties and give it external expression without the Patriarch violating the principle of his appointment, given his need to receive the letter of recognition from the Government of Israel (paragraph 141 of his judgment). This shows that the requirement to sign the settlement agreement that appears in clause 6.1 of the Detail was not intended to deprive the Particulars of its binding status and validity, and that the reason for which the final act of signing the Settlement Agreement was postponed was that at that time the letter of recognition had not yet been received (at least this is how the matter was presented by the Patriarchate). It should be added that from the testimonies of Adv. Weinroth and Adv. Elhanani it is clear that the Patriarchate itself, in the period following the meeting of the reading of the particular, saw itself as Committed to the details and the settlement agreement, and we discussed the matter (see paragraph 44 above). This greatly strengthens the conclusion that the requirement to sign the Settlement Agreement in Clause 6.1 of the Detail is not intended to nullify the obligation of the parties to sign the Settlement Agreement.
- If the reader remains in doubt as to whether the parties have indeed committed to sign the settlement agreement, or whether, as long as the settlement agreement has not been signed, they are left with the power of choice to refrain from doing so, and they reserve the right to act as they wish, clause 8 of the Detail comes and decides the scales.
The provision of section 8 reflects Obligation to make an effort of the parties to cooperate with each other and to carry out the agreements that were anchored in the details as soon as possible. In view of the sweeping language of clause 8 and its geometric location, in the last part of the particular, shortly after the conditions and obligations set forth therein, it is clear that this is an obligation of effort that governs all the sections of the detail and all the obligations imposed by virtue of it on the parties.