Examples of Launch Fees in a sentence
Therefore, Pegasus cannot maintain its claim for restitution of the Launch Fees.
The parties concede in their papers that NRTC never received the Launch Fees.
Pegasus’ claim for restitution of the Launch Fees is based on Section 2(a) of the amendment to Pegasus’ Member Agreement which states: With respect to Programming, NRTC shall pay to Member on a pro rata basis all other net revenues that NRTC receives from HCG which are directly attributable to Commercial Member Residences and/or Commercial Establishments., (emphasis added) The California Supreme Court, in Korea Supply Co. v.
If NRTC does not receive the Launch Fees, Pegasus’ interest in those Launch Fees is contingent and cannot vest.
The Court grants DirecTV’s request for reconsideration of its Summary Judgment 2 Order denying summary judgment on restitution of the Launch Fees and dismisses Pegasus’ claim for restitution of Launch Fees under its UCL claim.
DirecTV argues that Pegasus cannot maintain its claim for restitution of Launch Fees under its UCL claim because Pegasus does not have a vested interest in those Launch Fees.
Pegasus argues that since DirecTV owed the Launch Fees to NRTC and NRTC was obligated to pass those Launch Fees onto Pegasus, Pegasus has a vested interest in the Launch Fees that NRTC was supposed to receive.
Pegasus counters that it does have a vested interest in the Launch Fees.
However, Section 2(a) specifically states that Pegasus is only entitled to Launch Fees that NRTC has already received from DirecTV.
Since the Court’s Summary Judgment 2 Order denying DirecTV summary judgment on Pegasus’ claim for restitution of Launch Fees did not fully address the issue of whether Pegasus had a vested interest in the Launch Fees, DirecTV has demonstrated a manifest showing that the Court has failed to consider material facts presented to the court on this issue.