How can you be so sure that there isn't an agreement?

If what you are saying is true, we are in deep kimshee (sp).

We both know that there is an Agreement:

.1 In no event shall any right, duty or privilege arising hereunder be
assigned by either party to an entity which it does not own and control without
the prior written consent of the other parties. Any attempted or purported
assignment without such consent shall be voidable at the option of the
non-consenting party.

http://sec.edgar-online.com/2006/07/...

Be well