Start date is moot, that is what the clause of extension is for, only that the date from required test commencement to finish of test is within the extended period is relevant.
This is not what the clause in the Agreement is about. It is about a test that has begun already being extended by consent of IH. Now, it's true. If IH agreed to extend the test to, say, March 2016, the start date would be not so relevant. What would that mean? That 350 days of operation would be enough for a test lasting almost three years? I don't think so, so start date is also relevant.
That consent, to be relied upon, would have to be in writing. The Complaint does not allege that this writing exists. What is alleged is the 2nd amendment, which explicitly requires the signature of all parties. It is enough if one copy has the signature of all parties. Does that copy exist? It was not so alleged in the Complaint. And so the defect stands unless it is repaired. This was a mind-boggling defect, and it is simply no surprise that IH attorneys pointed it out.
And it stands no matter how many dance and shout on the internet that IH is Wrong. Rossi, now, needs serious legal help, not fluff on the internet. Anyone want to start a Rossi Defense Fund? He went up against people with, shall we say, ample resources. So if people really believe that Rossi is for real and is being unfairly cheated, to the detriment of the Energy Future of Humanity, how about putting your money where your mouth is?
I think it would be great if Rossi is skillfully and effectively represented. Just because his attorney, so far, appears to be a dolt, doesn't mean that Rossi is wrong, just that he is eccentric and reactive, which makes him a sitting duck. IH massively called his bluff, we could say. In the end, we will all benefit from this, I suspect, however it turns out.
In my view, the field was not ready for venture capital. Basic scientific research was needed and is still needed. That is much less expensive than development efforts, and possibly hundreds of millions of dollars have been poured, already, into LENR from that point of view, which has failed. The basic science is solid and needs better exploration of the parameter space, starting with what is known. If that is done privately, it is far less powerful and efficent than it being done publically. We need nonprofit support of the field, from government, from charities and corporate charitable giving, or from the public directly.
However, this sense of "not ready" wasn't so clear because of all the Rossi claims. So it was necessary to address that, and the only way to do it just might have been what IH did. Cooperate with Rossi, throw some money at him. Then see what happens. When we are talking about a trillion dollars a year in lost opportunity cost, $11.5 million is not even pocket change.