Mainholm, in terms of the vexatious piece, without being too direct, it seems clear to me you can remove that argument given that TAM made the announcement about the HOA being with MLX. hence the intent I refer. Based on nothing.
That is not say that there is no other clause which may be relied on by TAM. I find it hard to believe a clause stating that the HOA can be cancelled subject to a superior offer, pricing negotiations in most cases if not all are usually at an end when HOA's are signed. I cannot find any court ruling precedence on HOA's being cancelled after a superior offer, but I am sure there would be,
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