Levy testified that the Champions' Workshop asked for a reduction in the rent, but Meitar did not respond. However, he testified that he did not ask for the reduction, but rather that "Zohar Kepner, the CEO of the company who was there" (p. 22 of the minutes, lines 18-19). It should be emphasized that Zohar Kapner was not summoned to testify and that he is a relevant and substantive witness; This is up to the workshop of the champions for the trouble.
- Anavi testified that he did not see fit to turn to the Generals' Workshop and propose a reduction, since, according to him, the Agency was already dismantled (p. 44 of the transcript, lines 20-30).
- An examination of Levy's affidavit also shows that on April 19, 2020, Meitar contacted the Generals' Workshop regarding a warning of a breach of the agreement (Appendix 7 to his affidavit). As part of this request, it was claimed that on April 16, 2020, Anavi approached the Champions' Workshop demanding payment of the rent.
- In any event, as to the conditions of the thwarting:
- The first condition - the conditions of expectations - in our case, I am satisfied, is that the Champions Workshop did not know and should not have known that the Corona pandemic would break out, and it is clear that Meitar did not know this either.
- The second condition - the performance of the contract has become impossible or fundamentally different from what was agreed upon - it seems to me that partial fulfillment, or temporary prevention, does not lead to the failure of the contract, so that this condition is not fulfilled in our case.
In Meitar's letter dated April 19, 2020 (Appendix 7 to Levy's affidavit), it was noted that the purpose of the leased property is to serve as a "motorcycle garage", which continues to provide services even during the COVID-19 period.
In response to this request, dated April 19, 2020 (Appendix 8 to Levy's affidavit), the Champions Workshop emphasizes that with the outbreak of the COVID-19 crisis, it was forced to cease its activity, i.e., as of mid-March. She also noted that the business does not serve as a garage, but rather as an agency for the sale of off-road vehicles and related equipment, while the service and repairs on site constitute a casual and marginal action.