America's Cup - Geneva - after a couple of days from the letter addressed by the Société Nautique de Genève to the Golden Gate Yacht Club, the U.S. association has responded to the Swiss asked about the location of the challenge, for Americans who may be either Valencia or any location in the southern hemisphere, and the question of the Custom House Registry. The club of Larry Ellison, for voice of Commodore Marcus Young, says:

"... The Deed of Gift and the sentences are clear in saying that you can not choose another location in the Northern Hemisphere, except Valencia, without that there is mutual consent .... Also attempted to distort the truth when you say that the judge and the Deed of Gift Kornreich require us to submit a Custom House Registry, attesting to the exact specification of the boat with as stated in our Notice of Challenge. In contrast, the Deed of Gift is very clear in that the size of the boat must not exceed those shown in the Notice of Challenge ....

To read the original letter click here.

AMERICA'S CUP YACHT CLUB GoldenGate REPLIES TO SOCIETE NAUTIQUE DE GENEVE
America's Cup - Geneve - After few days, Golden Gate Yacht Club writes to the Société Nautique de Genève to underline that:

"July 8, 2009

Mr. Fred Meyer

Vice Commodore
Chairman, NGA's America's Cup Committee
Société Nautique de Genève
Port Noir
CH-1223 Cologny
Switzerland

Dear Vice-Commodore Meyer

We write in response to your letter of July 6, 2009

Let us again repeat, the Deed and the Order and Judgment are clear that you may not select a venue Northern Hemisphere, other than Valencia, without our mutual consent. Justice Kornreich's May 14th order contains nothing that even suggests, let alone "stated", otherwise. To the contrary, Justice Kornreich ordered "Société Nautique de Genève to hold the race as per the order of the Court of Appeals and Justice Cahn in February as the order required."

As further proof that our reading of the Deed and the Judgment and order is correct, you agreed with it when light and truth were original to you. In your May 11, 2009, court papers you agreed that "the Deed of Gift Match unambiguously prohibits sailing between November 1 and May 1 in the Northern Hemisphere ... There is nothing in the order that suggests that a race should be held in contravention of The terms of the the Deed of Gift. "

What is more, during the May 14th hearing when your attorney attempted an about-face by asserting that Société Nautique de Genève has the right to select a venue other than Northern Hemisphere Valencia without our consent, Justice Kornreich stated that "that's not what the Court of Appeals said. "

Your letter also fails to respond again to the inescapable conclusion that the Deed and the Order and my Judgment be read harmoniously, giving force and effect to the terms of each, Requiring a February race in Valencia or any other Southern Hemisphere location selected by Société Nautique de Genève, unless otherwise consented to by Golden Gate Yacht Club There is therefore no basis to conclude that the phrase "any other location" in the Order and Judgment intended to alter the Deed of Gift's Northern Hemisphere restriction, just as There is no basis To conclude that this phrase intended to alter the Deed's requirement to select a location free of headlands or a location that has an ocean water course.

You also misconstrue Justice Kornreich's Order and the Deed when you assert that they require Golden Gate Yacht Club's Custom House Registry to "conform exactly" to Golden Gate Yacht Club's challenge certificate. To the contrary, the Deed is unambiguous that the dimensions provided on a challenge certificate "shall not be exceeded. Justice Kornreich's order is entirely consist with the Deed and the Order and Judgment, and you are simply wrong in your repeated assertions that Justice Kornreich's order in any way contravened the terms of the Deed or the mandate of the Court of Appeals.

Sincerely,

Golden Gate Yacht Club

Marcus Young
Commodore.

To read the original letter click here.

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