https://drive.google.com/file/d/0B8Prk1VqEFwgcXNPMGpnMHFvRUk/view
↑これのテキストおこしと、その日本語訳のたたき台↑
(注)あくまでたたき台なので、精度は非常に悪いです。
52.Despite R3's efforts to derail "Ripple", 2017 was proving to be a very good year for the company.
With no help from R3, "Ripple" was successful in signing up over ten banks to use its technology, penetrating the traditional banking sector in a way other financial technology companies have yet to do.
In addition, XRP experienced a large surge in price and market capitalization as 2017 has brought good news in the digital asset space.
53.Having heard nothing from R3 for some time, "Ripple" was surprised when R3's unreachable CEO reached out in April 2017.
In April 2, 2017 email-sent many weeks since the Parties had last spoken-Mr.
Rutter stated: "Hey guys I have no idea what's going on with XRP, but I am one of those guys that really celebrates my friends sic) success so I just wanted to say congratulations ...
I am finally done negotiating the deal (10 months in all-hell really) and there are just a bunch of logistics things that need to be worked out before we close - so it shouldn't be long now.
That means I can begin paying closer attention to the business now and Brad I look forward to giving you an update on the latest strategy." (emphasis added).
54.Mr.Rutter's unprompted email was revealing in many respects.
First and foremost, it was "Ripple"'s success that caused him to reach out.
He did not do so in prior months when "Ripple" was working hard to get itself further on the radar in the blockchain and cryptocurrency worlds.
In addition, Mr.Rutter expressly admitted that he had "no idea what's going on with XRP'-a digital asset that he was supposedly promoting to his consortium of banks as a liquidity tool.
Further, Mr.Rutter conceded that he still did not have time to direct appropriate attention to "Ripple", and would only begin to start paying attention after "a bunch of logistics things” were completed.
Mr.Rutter was obliged under the terms of the TPA to begin paying attention to "Ripple" much sooner than nine months after executing the TPA, and inducing "Ripple" to sign the Option.
55.In the wake of R3's newfound "interest,' Mr.Rutter and R3's other two co founders, Jesse Edwards and Todd McDonald, set up a meeting with "Ripple" on May 9, 2017.
Minutes after the meeting began, R3's CEO had to excuse himself to tend to other business.
After he left, Messrs.
McDonald and Edwards admitted that R3 had failed to perform under the TPA.
They explained that R3 had been "too busy" with its own fundraising, and promised to come back with a proposal for moving forward within ten days, another promise which remains unfulfilled to this day.
56.Having had enough of R3's empty promises, on June 13, 2017, "Ripple" gave R3 notice of termination of the TPA and the Option for material breach.
"Ripple" CEO Brad Garlinghouse explained to R3 that: "Unfortunately, the focused attention on your fundraise has left our agreement and partnership stuck in a holding pattern-where it has been for many months.
” Mr.Garlinghouse continued: "Over a year ago we began talking about a robust partnership.
One where R3 was posed and eager to help "Ripple" position itself as a market leader in cross border payments.
And with that vision, XRP would be the centerpiece of building a robust, institutional liquidity solution.
When we signed our Agreement in August) of last year, I saw this as our joint objective.
” Mr.Garlinghouse gave details of R3's multiple breaches under the TPA, most importantly highlighting R3's failure to create a term sheet for the Commercial Partnership or ultimately make any efforts to the Commercial Partnership's formation, which was specifically contemplated under the TPA and why the Option was given in the first place.
57.R3 failed to cure within the requisite 10-day period.
58.R3 and its CEO clearly acted in bad faith, to mislead "Ripple" into granting the Option, knowing that neither R3 nor Mr.Rutter would be following through on their promises.
59.R3's breaches, including its failure to officiate the Commercial Partnership, has resulted in undue delay at a critical time in this new startup's growth.
"Ripple" missed opportunities to pursue other lucrative deals because of its unreturned loyalty to R3.