Second Call with X PRIZE Foundation

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Statement of Content: Please be advised that the following blog post is intended for informational purposes only and not entertainment. We hope that its content is appreciated by those who want to know the progress of the MTA ‘Dispute Resolution’ process (the only legal avenue to resolve issues between the Teams and X PRIZE). If you are not interested in the process or content of this post please do not waste your time reading it. Mystical Moon cares a great deal about resolving the Teams’ concerns and issues (not just ours). It is our hope that the content of this post can help achieve that objective.

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The second meeting in the Dispute Resolution process occurred today. It was a bit delayed because of a calendar scheduling “glitch” proving that technology is not always the perfect solution and certainly is no substitute for good old fashion communication methods. Nonetheless, we had another frank and pleasant discussion of our concerns regarding the administration of the Google Lunar X PRIZE. Our discussions are not limited to the issues with the Master Team Agreement. We were pleasantly surprised to hear that many of our concerns were also raised by other Teams. However, we did express some concerns that the other Teams did not raise. It would have been beneficial if we were aware of the other Teams’ concerns and issues but no meeting minutes were distributed from the Team conference call on May 3rd. I’m sure that meeting minutes would help other Teams who also had scheduling conflicts and could not attend the conference. It appears that the major topics of concern addressed by the Teams fall into the following general categories:

1. MTA issues with IP, Media and Competition Media Rights
2. MTA Blogging and Video Requirements
3. MTA Exhibit B issues and ‘Team Member’ definition
4. Partner, Investor and Sponsor issues within the MTA
5. The X PRIZE Foundation “Communication Process”

(If we have missed any please let us know at magic@kelvin.net )

Some of our concerns also fell into these same general categories; however, some were different than those raised by other Teams (such as the exploitation of children). In addition, Mystical Moon has raised the following issues:

1. Breach of Contract by the X PRIZE Foundation
2. The ‘one-sided’ (unconscionable) nature of the MTA
3. The Preferred Partner process?

The last issue is very disconcerting. Apparently, X PRIZE cannot provide any guidance (at this time) as to dealing with Preferred Partners. This is difficult to understand since the competition has been on-going for over 3 years and considering the fact that some of the Teams have already executed business transactions with Preferred Partners (most notably Astrobotic and Space X). X PRIZE currently offers no assistance in this matter. Can any of the Teams provide information on how to initiate the process of contacting any of the Preferred Partners? Even contact names/numbers will be greatly appreciated.

X PRIZE stated that they are ‘in the process’ of addressing the issues identified by the Teams. They explained that they are . . .

• reviewing the IP, Media and Competition Media Rights issues
• reviewing the “language” in Exhibit B
• improving the “communication process”
• looking at the process of working with Preferred Partners

The teleconference was focused on “recording” Mystical Moon’s concerns and issues rather than resolving them. The meeting ended with “next steps” as to how all the Teams’ issues were going to be addressed and resolved. As to the global issues identified by many Teams (outlined above), X PRIZE stated that they were reviewing all of the Teams’ issues and will publish both the list of concerns, as well as their answers to the issues. As to the more specific issues of our Dispute Resolution process, X PRIZE is going to quickly address those issues that they currently have answers to and work on the others as part of the global Team review process. At least that was our understanding. No time frame was given for either process. Therefore, there has been no movement toward ‘middle ground’ yet. We sure hope that the response is not just going to be another “Question & Answer” document but rather real resolutions to the issues. We will continue to work toward resolution of all the Teams' issues. We agreed to share additional information regarding the issues and suggestions toward resolving them.

We ended the conversation wishing everyone a good holiday weekend. We extend that sentiment to all, especially those for whom this holiday is intended to honor and show appreciation – Thank You and Happy Memorial Day!

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