Free Response to Motion - District Court of Delaware - Delaware

Case 1:04-cv—O0960-SLR Document 95-12 Filed O3/13/2006 Page 1 014
EXHIBIT
N0. 11
I7l9l0I_l.DOC

l C 1:04- .-00960-SLR I · ‘ ‘ i ` · ` - 2 A .
U 0 ‘ 09/15/20033id: 19 Cveisazvz-tees D¤¤¤m¢¤t •—¤.Hl|€d 03/13/2006 Pag€ @51* 9,
. l. In 2002, I was the Direotorof North American Sales for the Motorola
Computer Group. In approximately June 2003, my job responsibilities changed, and in
july 2003 I became the Nortel Global Account Director for the Motorola Computer ‘ ‘ ‘
l ` Group.
_ 2. In the Fall of 2002, I was involved in discussions with J·Squared · t
- ‘ Technologies, Inc. ("J-Squared Canada") that resulted in a Manufacturefs Representative
Agreement between the Motorola Computer Group and J-Squared Canada ("the
Agreement"). However, I was not directly involved in negotiating the details of that
- Agreement.
3. At the time of my discussions with I-Squared Canada in the Fall of 2002,
Motorola intended to use manufacturefs representatives along with its in·house and
- distributor sales channels. It was my hope that the relationship between Motorola and J—
Squared Canada would be long lasting. But, I understood that the specitic terms set forth
in the written Agreement were what governed the parties' rights and obligations tmder
- the contract. My understanding was that pursuant to the terms ofthe Agreement, either
Motorola Computer Group or J—Squared Canada could utilize the termination provisions
- stated in the Agreement, or could choose not to renew the Agreement.
4. I did not make any promises to I-Squared Canada that the duration ofthe
Agreement would be anything other than as stated in the Agreement.
- 5. I am not aware of any promises having been made by the Motorola
Computer Group to J-Squared Canada or any other manufacturefs representative that the
i duration of their Manufacturer’s Representative Agreement would be anything other than
in accordance with the terms stated in their respective written agreements. . .
6. I did not make any misrepresentations to J-Squared Canada or any other
i manufacturefs representative. ·
' 7. I am not aware of any misrepresentations having been made by the
Motorola Computer Group to J-Squared Canada or any other manufacturefs
representative.
8. I was not involved in the Motorola Computer Group’s decision not to .
renew the Agreement with J-Squared Canada.
9. I was not involved in the Motorola Computer Group’s decision to terminate
any of its agreements with any manut`acturer’s representative. O _ A —
' l0. I was not involved in the review conducted the Motcrola`Cornputer n
V Group in 2003 and 2003 ofthe performance of its manufacturefs representatives. · ‘

` . , ‘ 'AGE U3 A1 at l
I t B9/lwzngatsgJig)4-c\gi(QE,(g§_$53(g%§LR I Document 95*42- FU-Fnled O3/13/2006- Pag; 3 of 4 `
‘ ` " I doclarc utidbr bf -tbc» laws bf tyg United States of America
` that the fomgoing is true and corroct. Bxccutcd on Scptnttimotri`6;
c · 4 I Paul Holt

Case 1:04-cv—O0960-SLR Document 95-12 Filed O3/13/2006 Page 4 of 4 A ‘
S is I .
fx? Exhibit N0. ...,.,. ..................
{ji on ,the examinauon 0f:
/ . » Y)
/ .... .... in ’
....
held 0n l.»........... U
'l`· lncgmm vamam¤M"*’* llll '
Repcrhrwg, $G!'v¤C95/ i