So that I have this right Axil, I take your comments to mean that....even were the 1MW test proved to be a bust, that you still wish, hope that IH has to pay merely because the contract says: "if the ERV determines the test a success, IH pays the remaining $89 million"?
Sadly, that is the way I read it. Not that it matters, because as MY and Frank mention, the contract would then be invalidated. Still though, it shows your passions lie more with punishing big corporations for some perceived wrongdoing, than with whether or not the Ecat works.
It is not what I like or don't like' it is not what is fair or unfair, it is how the case will be decided under the current indeterminate status of LENR in society. LENR is so weird, complicated, and incomprehensible, the court will fall back on what it knows, the contract and the laws that apply to contracts. At this juncture, the court cannot tell you is the E-Cat works. If you think the court can, you are delusional.
If Rossi can get a LENR reactor on the market over the next 442 days, that validation of the technology will make all the difference.
The term "whether or not the Ecat works" is an oversimplification of a complex situation. One issue that is concerning about the E-Cat's status for commercial use is the reason why Rossi had to live inside those shipping containers for a year. Can the E-Cat run unattended with an ignorant immigrant operator passing by it one a shift on his way to the rest room? How reliable will it be, how available will it be, what is the mean time between failure, what is the time required to repair?
"whether or not the Ecat works" in a commercial setting is a very complicated issue that was not determined by that test, The test just was intended to check over the long term COP => 4 and steam production, that is it.
Rossi used the test to check out other things that interested him in his road to commercialization but had no bearing on payment for assured performance. Your simplified view of what works is affecting your understanding of my motives. I am just interested in the truth and am trying to get to it by using clear thinking and logic.