@Thomas Clarke
Regarding the non-payment of $89 million, it may be true that the license is therefore not granted, and is separate from the other claims.
However, if Rossi can prove that IP was transferred to competition, or that they are engaged with competition, then there are more legal problems and operating problems in store for [lexicon]IH[/lexicon]. IP was mentioned multiple times in the contract as being strongly defended by Leonardo et al. and to be strongly defended by the licensee.
There is a two year non-competition clause (13.3).
Since [lexicon]IH[/lexicon] has engaged with creators of other technologies, these could be construed as competition depending on what these technologies are. This is where the jury and judge will have to make some interesting decisions. The nature of these technologies that [lexicon]IH[/lexicon] has not mentioned will likely be revealed.
A two year delay before using Company designs may be cheap if the tech is effective, but agreements with deemed competitors may become in jeopardy of being in conflict with the non-competition clause. This may be harmful to [lexicon]IH[/lexicon] as regards to being able to operate as a "going concern".