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defer receipt of the nonemployee compensation that Olin Ordnance
owed to him with respect to each of those invoices.14
On the present record, we further find that when Mr. Cutler
advised Ms. Svarzkopf on June 2, 1995, to honor Mr. Palmer’s
request that Olin Ordnance not pay any of his approved monthly
invoices 0011, 0012, and 0013 until Mr. Palmer directed Olin
Ordnance to pay each such invoice, there was an oral modification
(June 2, 1995 oral modification) by Mr. Palmer and Olin Ordnance
of the last sentence of paragraph 6 of the Marion plant/Palmer
consulting agreement entitled “PAYMENT OF CONSULTING FEES” to read
as follows:
Correct invoices submitted for payment to Mr. R.R.
Harris for approval shall be paid within thirty (30)
calendar days of the date of receipt or, at the direc-
tion of Consultant [Mr. Palmer], thereafter on a date
selected by Consultant.
We also find on the record before us that, as of the time the
June 2, 1995 oral modification was made, Mr. Palmer had an abso-
lute and unconditional right to receive the amount of nonemployee
compensation that Olin Ordnance owed to him with respect to each
of his approved monthly invoices 0011 and 0012. That is because,
as of that time, 30 days had expired from the respective dates
(March 5, 1995, and April 15, 1995) on which Olin Ordnance first
14We further find on the instant record that petitioners
have failed to establish that there was in effect on June 2,
1995, an oral modification of any other terms of the Marion
plant/Palmer consulting agreement such as those appearing in the
July 1995 amendment.
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