In other words, even if, down the road, after the detail was made, the parties found themselves at odds on one point or another, then in the absence of an agreement by the parties to cancel or suspend the particular, or to insert new suspended conditions into it that have not yet been fulfilled, this does not detract from the Patriarchate's obligation to fulfill the obligations imposed on it by virtue of it, including its obligation to sign the settlement agreement (see and compare the matter Botkowski, where it was clarified that once a contract was concluded, a party to the contract was no longer entitled to withdraw from the undertaking it had undertaken by raising a new demand that had no basis in the agreement (in that case it was a matter of presenting a demand for the provision of a guarantee) (ibid., at pp. 72-73)). Therefore, we could ostensibly conclude our discussion of the question of the violation of the particulars at this point. Nevertheless, for the sake of completeness (and since the matter is partly relevant to the rest of our discussion), we will briefly address the aforementioned claim of the Patriarchate.
- There is no dispute that the last version of the settlement agreement of April 15, 2008 included some updates and changes compared to the original version that was attached to the details of March 12, 2007 (see email correspondence between Adv. Yoeli on behalf of the JNF and Adv. Zoabi on behalf of the Patriarchate - Appendices 34-43 to the Patriarchate's appeal). For the purpose of our discussion, it is worth mentioning two additions that were included in the settlement agreement in its final version.
One additional transaction Financing the payment in the sum of $13 million to be borne by the Patriarchate, and it appears in clause 3 of the Settlement Agreement (for the benefit of the reader, it is clarified that there is no connection between clause 3 of the Settlement Agreement To the Settlement Agreement Section 3 Conclusion DetailsAll which we discussed at length above). This section provided as follows: