The Industrial Heat Answer

Quote from "Abd ul la"

There is no significant evidence at all of APCO involvement.

BS Abd! Brian McLaughlin (Apco DC office, cc'd in the mail) was mentioned as visiting the plant with Darden prior to the activation of Mr. "DoD" Murray in ex. 19, ie as early as July 2015 when it became obvious the plant was producing industrial scale COP~50. Apco i seriously involved. No doubt. And Apco always works in the interest of the establishment. And are professional astroturfers - ie. they invented it to sell tobacco as healthy ... They are professional douchebags, and IH hires them. Go figure.

Rossi is getting more and more shrill. This may end badly for his mental and emotional health.

Quote from THHuxley

Is video going to surface that shows Darden meeting with potential investors at the 1 MW plant after this date?

Maybe. However, it's meaningless. If I were Woodford, I'd want to see this "1 MW Plant." And IH could arrange it, in theory. In fact, by July, Rossi had shut down visitors. He had a mission, the "test."

Rossi seems to have been legally clueless, with no concept of legal obligations, It is likely this that got him in trouble in Italy. The Guaranteed Performance Test required several things:

1. The reactor sold to IH and delivered in 2013.
2. A test within a certain time, later postponed by amendment, the amendment never actually signed, a real whopper of an error. Rossi could claim estoppel on this, though.
3. The written consent of all parties to the actual time of commencement (as provided in the amendment)
4. An ERV agreed by the parties.
5. Actual operation of the plant under ERV supervision.
6. An ERV report confirming operation according to certain standards, triggering a payment of $89 million to Rossi.

Rossi seems to have thought that if he set up all of these but number 3, it would then be a GPT. So he created the actual operation, in Florida, where he could control it, by representing it as a sale of power to a customer. That the customer was fake is almost a detail, except that it demonstrates a willingness to be highly deceptive.

I was at first skeptical of the IH claim of failure to meet GPT conditions. However, I also was aware that IH conduct might negate the estoppel argument. What has now been shown is that IH's non-consent was real. They consented to a use of the power plant, and they cooperated with Penon, or attempted to. But they never consented to this as the GPT. Had they done so, first of all, they would probably not have allowed this in Florida. They were apparently ready to test in North Carolina if Rossi had consented. He refused to consent, so, fine. No GPT yet. They were in no rush to pay $89 million!

That operation was not represented as the GPT. It was represented as a sale of power, and then, if power was being sold, measuring that power would be a part of it, and Rossi wanted Penon to be the one to measure it, or to confirm the measurements. So there was some acceptance, but not of this as the GPT. And that then explains why they were not as insistent as many have thought they should have been ... for a test on which $89 million was hanging. But it wasn't that test!

I am now in a position to predict the outcome of Rossi v. Darden. The Rossi claims will be dismissed, either through Summary Judgment before trial, inadequate evidence of estoppel being presented, or at trial. Total loss by Rossi. As to the counterclaims, that's tougher. I think a settlement is possible, even likely for Johnson. Johnson has bigger worries now than fighting the lawsuit. There is a possibility of criminal prosecution and a possibility of action against his license to practice law.

If it is dismissed by Summary Judgment, it could be on the basis that the contract was not breached by IH, because the GPT has never happened. This completely avoids the complex issues of the actual device performance. Rather, because the IH motion to dismiss count 1 based on the technical problem of no signatures failed (as was not unexpected), they do need to set up separate defenses in case the finding is that this was the GPT. Then they go for fraud, and the evidence reeks of fraud.

Dewey was right. "You gonna be sorry!"

[quote THH"]A good date for when IH reached a "tipping point" in their suspicions would maybe be when they hired Joseph[/quote]

It was in July 2015, after the first stellar quarterly report was released by Penon. And it was about the time when they tried to pay Rossi off with some millions but refused to sell the LA back for $11M. It was also shortly after Darden visited the plant together with APCO operative Brian McLaughlin (ex.19).

So, yes. This was the tipping point. But it came along because the GPT turned out to be too good... not the other way around.

Minor edit to remove mention of he who must not be mentioned.Alan.

Quote from THHuxley

A good date for when IH reached a "tipping point" in their suspicions would maybe be when they hired Joseph (I said James in some previous posts, apologies) Murray as VP i/c testing to get some decent in-house independent technical input. Until then they might have felt that Fabiani and low-powered minions were enough?

If Industrial Heat was not "suspicious" before signing the Agreement in 2012, they were idiots. They were not idiots. They knew there was a possibility of Rossi fraud, nearly everyone in the LENR field knew that, knew that Rossi was avoiding independent confirmation.

Rossi was not their first investment. They were not naive. They saw a situation, they saw what was required, and they did it. Frankly, I never thought of this, but I didn't have the money to invest. In hindsight, what they did was completely brilliant.

As the Doral installation was not the GPT, they were casual about it. They already knew there were problems, they couldn't confirm the Lugano results, none of their independent testing showed excess energy. But maybe Rossi was withholding a secret, and he would somehow make the Doral plant work. So they allowed it. And with a "customer" being willing to pay for power and actually paying, they got more serious. They hired Murray.

And then Rossi pulled a Rossi. No, nobody else sees the plant until the test is finished. What test? This was a power installation! Supposedly with full IH access, according to the Terms Sheet.

Rossi created a tanged web. He would say whatever he needed to say to get people to agree to what he wanted. If needed, he would reject anyone sufficiently skeptical, or even simply wanting to confirm his measurements. (I.e, like Jed, but Jed was not the first, he had been acting like this since something like 2009, pre-announcement). He had to be in control, even though this was the IH reactor, selling power to a customer directly. The real purpose was not what he said, selling power to a real customer, which would then be, supposedly more convincing to investors, it was to set up a GPT and then collect $89 million. And the hell with investors, the *test* was important. The hell with the purpose of the License Agreement, the IP transfer, the "test" was more important. He was too busy to help with IH's own construction and testing of devices, by 2015.

He's toast, it's just a question of when the toaster pops.

Quote from "Abdulla the great FUD master"

As the Doral installation was not the GPT, they were casual about it.

Oh, so you are commissioned to push these meme now... ??? (not strange since the whole IH case is dependent on it ...)

Well then, why did Darden sign the 2nd amendment? The only conclusion is that IH intent was to keep Rossi believing there was a GPT and doing so keeping him in a tight leash.

Quote from "Apcodulla"

The real purpose was not what he said, selling power to a real customer, which would then be, supposedly more convincing to investors, it was to set up a GPT and then collect $89 million.

Ehhh. You have to be either really stupid or really malicious. The purpose was to execute GPT according to the 2nd amendment of the LA. This was as you know signed by both Darden and Rossi. Tell me; if it is as you state, what does that make Darden. Nice guy? Eh?