Ben's response to the email was that in order to grant authorization - exclusivity he needed to clarify a business forecast (the email was quoted in paragraph 38 of Ben's affidavit).
The next day, Micha clarified that Draco's intention for exclusivity was only in relation to the specific project in question and did not bind it to any other product or customer.
The authorization letter was not signed, and in any case, at the end of the day, a project with Cellcom and Luster was not implemented.
- About a month later, Micha contacted Ben again and asked to interest him in connection with another deal with the Mocha product with Wi-Fi, and asked him to sign an exclusivity agreement again:
"in order to do so we need you to sign an exclusivity agreement for this project as well".
Micha added that if Ben is interested, then the agreement will be sent to him, and according to him-
."same letter as last time with different project name"
- The parties corresponded with each other regarding the suitability of the product for the needs of the project, and on September 30, 2019, Draco requested four samples for testing of the product.
- On October 2, 2019, Luster asked to know the expected scope of the project, and Micah, for his part, reiterated Draco's demand for exclusivity:
"Also im waiting for your reply please if you will sign exclusivity agreement for this project".
And again, five days later, on October 7, 2019, Micha clarified that the project's expected scope is 200,000 units per year, while reiterating the demand to sign exclusivity:
"I need a reply from you regarding the exclusivity agreement for this project, please let me know this is ok and I will send you the agreement to sign…"
- Luster was pleased with the expected scope of the project, saying, "Well that's great," and explained that further updates and additional investment are required before the products are ready.
- On October 15, 2019, the parties met at a conference and discussed the engagement between them again, and then Micha sent Luster the letter of authorization to sign.
- Eight days later, on October 23, 2019, a reminder was sent to sign the exclusivity agreement for the project, as well as additional questions, among which Micha asked to know the expected time frame for delivery and the expected price for the unit.
- Ben attached the signed authorization letter and answered some of the questions, and clarified, among other things, that the delivery time would be 3 months. Later on, on October 28, 2019, he replied regarding the price that for the existing knowledge of the requirements from the customer we would keep the previous pricing.
- Due to the importance of the authorization letter and the fact that it is a letter of a few lines, it will be quoted as follows:
"...- Authorization Letter -