Mr. Teare – C.E.O
Mr Golamco – Vice-President
MICROSOFT – Shareholders
VERISIGN – Shareholders
Re: Agreement with Com5 Inc
On behalf of my client, Com5 Inc, I hereby address you regarding the issue in reference, as follows in this letter.
My client has entered into an agreement with RealNames Inc on the 29th March 2002 i.e. less than one month ago. During the negotiations that precede the signature of the Agreement, your Company incited my client to sign an agreement as soon as possible, and especially urged him to pay an amount of 200.000US$.
For reasons that I shall not elaborate on at this point, you have decided to terminate all collaboration with my client, in violation to the terms of this said agreement, when you argue the Microsoft would not renew its contract with your Company.
Preceding the termination of collaboration initiated by your company, my client has paid an amount of 200.000US$, and it did not receive any counterpart for this amount. The imminence between the negotiations my client entered into with your Company and the termination of the Agreement between your Company and Microsoft suggests that your Company and its managers acted through willful misrepresentation. They voluntary hided any information concerning those issues and choose to incite my clients to pay the amount above before the termination of their agreement with Microsoft.
As a result of this willful misrepresentation, my client paid not only the above amount but also engaged employees in order to constitute the basis of its activity. Needless to say that the costs should have been saved whether your Company and its managers should have chose to inform my client of their difficulties with Microsoft.
Not only the above but the circumstances bringing about the termination of your collaboration with my client do not agree – and that is to say the least – with the terms of the agreement.
At this point it would seem aimless to further postpone initiation of legal proceeding which is the legal right and privilege of my client. Regardless of the above stated facts, i.e. the willful misrepresentation – my client has chosen to let you the opportunity to resolve the dispute through an immediate payment of the amount of 200.00US$, i.e. the amount that my client paid on 29th March 2002.
Nevertheless, I am not of the opinion that my client should wait for a long duration. I do think that my client should not hesitate to turn to the authorized legal authorities and initiate all legal actions available, including and without exclusion of other existing means, penal actions against the managers of your Company, and/or its Shareholders.
Therefore, whether your Company will not refund to my client the above amount within the next five days, I would be forced to initiate legal actions as described above. Needless to say that my client should also use its relation in the different international media (especially in Europe and USA) in order to inform the economic international community of the fraud practiced by your Company, its managers and its Shareholders.
I truly hope that your Company shall chose to acknowledge this letter as soon as possible, by that exhibiting the good will to settle the dispute existing between both companies within five days mentioned above. You should remain aware of the damage caused by my client steps not only to your Company but also to its managers and shareholders personally.
Patrick Y. HARRAR, Adv.