my only comment on the substance of this ta has been only that it is no where near the bad deal the first one was. which i would think is a near universal conclusion among the group.

you are right....its not productive to engage in endless 'what ifs' on the language. otoh...it is essential one consider potential outcomes with two intellectual boundaries.....first, what is the probability of a considered outcome, and second....what quality of contractual provisions are integrated to either allow, or prohibit the considered outcome.