APPENDIX 3: Draft Heads of Agreement
HEADS OF AGREEMENT
(1) The Alliance for Natural Health Limited (ANH) whose registered office is at Mount Manor House, 16 The Mount, Guildford, Surrey, GU2 4HS.
(2) The Health Food Manufacturers Association (HFMA) of 63 Hampton Court Way, Thames Ditton, KT7 OLT.
(3) The National Association of Health Stores (NAHS) of 1St Floor, 4 Abbeydale Road South, Sheffield, S7 2QN.
- The parties have agreed to cooperate in the conduct of litigation (the litigation) to challenge the Food Supplements Directive 2002/46/EC (The Directive) and regulations passed by the legislative bodies of the United Kingdom to implement the Directive (the Regulations).
- The parties have agreed that the ANH will by the end of the day on which this agreement is signed, make a payment of £25,000 to Irwin Mitchell Solicitors, to be held in its client account and used for the conduct of the litigation.
- The parties have agreed to use their best endeavours, jointly and severally, to raise funds for the prosecution of the litigation, and for other activities such as public relations which are directly related to the litigation, and that any such funds should be paid to Irwin Mitchell to be held as stated in paragraph 2 above.
- Upon receipt from the ANH of the sum at paragraph 2 above into the client account of Irwin Mitchell, the other two parties will instruct Irwin Mitchell to release to ANH forthwith documents which have been prepared for the conduct of the litigation
- ANH agree to pay to Irwin Mitchell by the 15th of the following months - namely October, November and December 2003 and January and February 2004 - further instalments of £5,000 per month to be held as stated in paragraph 2 above..
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