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36 to do the addendum by the Garniers; correct?

37 A Yes.

38 Q And that was it?

39 A Yes.

Page 344

27 Q Okay. So this is a bit of a unique situation,

28 maybe fell through the cracks potentially, because

29 there’s no file?

30 A Yes.

31 Q Now, did you on the second page — this is exhibit

32 number 11. As you can see, in the subject removal

33 from Ms. Garnier or it appears to be — sorry,

34 Ms. Hundley?

35 A Yes.

36 Q And you can see that it’s dated February 22nd,

37 2007, at the top?

38 A Yes.

39 Q Okay. And —

40 A Excuse me, that’s February — we’re — hang on

41 here. February — oh, yes, yes, February 22nd,

42 2007, yes.

43 Q The day after — this is the day after the

44 addendum that you prepared?

45 A Yes.

46 Q And you can see the last paragraph, the last line,

47 it still has — and I’ll read it:

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2 Except that should an underground tank be

3 discovered, the seller’s liability shall be

4 limited to $5,000, including tank removal and

5 any required remedial action.


7 Does that — that appears to still have the $5,000

8 liability issue that your addendum was to remove;

9 correct?

10 A Let me just see — read my addendum. No, my

11 addendum … Yes, it appears that it contradicts

12 the addendum.

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13 Q And it’s the day after the one that you drafted?

14 A Yes.

15 Q Okay. Is it fair to say that had you actually

16 been working on this file, that’s something you

17 probably would have taken note of if you reviewed

18 this contract or these addendums?

19 A After — after I prepared the addendum, yes.

347 Mindy Jong (an adverse witness)Cross-exam by Mr. Davison

1 I understand what you’re saying, but I’m

2 asking you, looking at it, right or wrong, do you

3 see any legal reason, other than your assumption

4 that Mr. Hunter made a mistake, that that should

5 be taken out?

6 A I believe that it was an error on Mr. Hunter’s