- 34 -
that record that the June 2, 1995 oral modification did not impose
a substantial limitation or restriction on Mr. Palmer’s control of
the receipt of the amount of nonemployee compensation that Olin
Ordnance owed to him with respect to each of those invoices. At
all times under the Marion plant/Palmer consulting agreement as
modified by the June 2, 1995 oral modification, Olin Ordnance was
ready, willing, and able to pay Mr. Palmer the amount that it owed
to him with respect to each of his approved monthly invoices 0013,
0014, and 0015 within 30 days after Olin Ordnance first received
each such invoice.18 Pursuant to the June 2, 1995 oral modifica-
tion, it was totally within Mr. Palmer’s control whether Olin
Ordnance paid each such amount to Mr. Palmer within 30 days after
Olin Ordnance first received each such invoice or deferred its
payment to him of each such amount until a date after that 30-day
period. If Mr. Palmer wanted Olin Ordnance to defer such payment
of the amount that Olin Ordnance owed to him with respect to each
of his approved monthly invoices 0013, 0014, and 0015, all he had
to do under the June 2, 1995 oral modification was to direct Olin
Ordnance not to pay each such amount within 30 days after Olin
Ordnance first received each such invoice. Mr. Palmer did just
18At all times prior to the time the June 2, 1995 oral
modification of the Marion plant/Palmer consulting agreement was
made, Olin Ordnance was ready, willing, and able to pay Mr.
Palmer the amount that it owed to him with respect to his ap-
proved monthly invoices 0006 through 0012 within 30 days after
Olin Ordnance first received each such invoice.
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