In response, the government argued that the anticipatory breach
should be treated as a constructive termination for convenience.
Xcorporeal has previously filed a demand for arbitration alleging that NQCI has effected an anticipatory breach
of the License Agreement.
They are: (1) breach of contract, (2) anticipatory breach
of contract, (3) negligent inducement, (4) breach of fiduciary duty, and (5) declaratory relief.
d/b/a Excite Interactive Media Development ("Excite"), a Los Angeles-based video game developer and distributor, announces today that it has filed a lawsuit against SEGA Corporation for anticipatory breach
of contract and declaratory relief in the United States District Court for the Central District of California.
has filed a lawsuit alleging breach and anticipatory breach
of a commercial contract.
The Company's lawsuit follows the anticipatory breach
of the agreement by the purchaser when the purchaser stated in its legal petition that it had no intention of performing its contractual obligations required under the terms of the asset sale agreement entered into in June 1999.