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Ordnance, first received it, as required by paragraph 6 of the
Marion plant/Palmer consulting agreement. (We shall refer to the
review and payment authorization process relating to each of Mr.
Palmer’s approved monthly invoices for which Ms. Svarzkopf was
responsible as Olin Ordnance’s invoice payment authorization
process.)
Sometime prior to March 22, 1995, Olin Ordnance asked Mr.
Palmer to extend the term of the Marion plant/Palmer consulting
agreement which was to expire on June 30, 1995, and to specify
the conditions under which he was willing to agree to such an
extension. As part of his continuing discussions with Olin
Ordnance about, and in response to, that request, Mr. Palmer sent
a memorandum dated March 22, 1995 (March 22, 1995 memorandum) to
Mr. Harris and to Jack Picker (Mr. Picker), who at that time was
vice president of human resources of Olin Ordnance. The March
22, 1995 memorandum stated in pertinent part:
This memo responds to your request that I identify the
conditions under which I would agree to an extension of
my present consulting contract thru January 1996. I
appreciate the vote of confidence. I offer the follow-
ing thoughts:
1. All terms of the existing contract continue as is
except that the expiration date be extended to
January 31, 1996.
2. In addition, I would have the right to postpone
receipt by me of payment for any monthly invoice
to a future date of my choosing, but in any case
not later than January 31, 1997. In such a case,
I would present my invoice and backup material
monthly as incurred (as is done now) so that Olin
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