- 28 -
later than January 31, 1997. In such a case, I
would present my invoice and backup material month-
ly as incurred (as is done now) so that Olin could
perform the necessary audits upon submittal. Olin
would then hold the payment until called for by me.
[Emphasis added.]
The language that Mr. Palmer used in his March 22, 1995 memorandum
is consistent with an offer by him to enter into an agreement with
Olin Ordnance under which he would agree to continued consulting
work on certain terms and is inconsistent with petitioners’
contention that when Mr. Palmer wrote his March 22, 1995 memoran-
dum there was in effect a binding oral modification of the Marion
plant/Palmer consulting agreement.
Mr. Palmer’s May 22, 1995 memorandum to Ms. Svarzkopf also
supports our finding that petitioners have failed to establish
that Mr. Palmer and Olin Ordnance orally modified the Marion
plant/Palmer consulting agreement as of September 12, 1994, and
belies petitioners’ contention to the contrary. In the May 22,
1995 memorandum, Mr. Palmer requested that Olin Ordnance not issue
payments for his approved invoices 0011, 0012, and 0013 covering
the period from February 6 through April 30, 1995. In making that
request, Mr. Palmer stated in his May 22, 1995 memorandum:
“Please phone me and we can discuss the agreement that I am
working on with Cutler and Picker.” (Emphasis added.) The
foregoing language shows that no modification, oral or written, of
the Marion plant/Palmer consulting agreement was in effect at the
time Mr. Palmer sent his May 22, 1995 memorandum to Ms. Svarzkopf
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