PGS ASA: Explain the 25 Oct MEMO!
|to:||John Francas <John.Francas@pgs.com>|
|date:||Apr 23, 2020, 9:03 AM|
|subject:||Re: Notice of breach of Compromise Agreement|
The Thai Litigation Criminal Claim Leading to the Compromise Agreement Included Reference to an Unanswered “Open Letter to the PGS ASA Board of Directors.” The PGS ASA General Counsel, Lars Mysen, signed-off on the Thai Claim (s). PGS ASA Board of Directors (of a Norwegian Company) are the Plaintiffs
PGS ASA/John Francas,
This is acknowledgement that I received, by e-mail, the Notice of breach of Compromise Agreement, dated 23 April 2020, (the “Thailand Extortion”)
The Thailand Extortion does not reference a physical address for legal correspondence, but only an e-mail address (Clause 3). PGS ASA / John Francas were notified 3 July 2019 that I was not residing in Thailand. Why has PGS ASA delivered firm copies of legal document to an address in Thailand?
Would you please send me notarized copies of the referenced Thailand Extortion that Steven D. Kalavity signed?
Also, please send details and legal credentials of the agent(s) representing PGS Exploration (UK) Limited for PGS ASAs claims in the USA/Texas.
Please send me acknowledgement and responses to the e-mails sent to PGS ASA agents following the delivery of the summons (13 September 2018) and the signing of the Thailand Extortion ([11 November 2018 “Compromise Agreement”]).
As you know, I was employed by PGS ASAs USA subsidiary in Houston, Texas.
I would also like to receive copies of the employment contracts signed between myself and PGS Exploration (UK) Limited in 2010 and 2013 (advised by legal firm Watson, Farley & Williams (the “UK Legal Contracts“).
What is the status of the UK Legal Contracts in context to the Thailand Extortion? Please also send me confirmation of PGS ASA employee, Gareth Jones, legal agency (employer) from 2013 – 2020?
Please send a copy of my PGS ASA personnel file, which is the predicate behind all my online publications.
The Thailand Extortion is being prosecuted on behalf of PGS Exploration (UK) Limited directors, Gottfred Langseth, Christin Steen-Nilsen, and Rune Olav Pedersen. Please correct me if I am wrong, but PGS ASAs USA subsidiary, Petroleum Geo-Services, Inc., Houston, Texas has directors Gottfred Langseth, Christin Steen-Nilsen and Jon Erik Reinhardsen, who have legal fiduciary responsibilities for PGS ASA USA matters?
Similarly, please send credentials and authorization of PGS Exploration (UK) Limited agent Duensing – Kippen to draft legal agreements for adjudication in the Federal Courts of Harris County, Texas, USA.
PGS ASA has not yet acknowledged my submitted [subject access request] 15 April 2020. Please do so, and I would also like PGS ASA to respond to subsequent e-mail correspondence, especially the e-mail sent 22 April 2020.
Please acknowledge receipt of this e-mail, as well.
Dear Mr Kalavity
Notice of Breach of Compromise Agreement
Under the terms of a Compromise Agreement of Criminal Case between PGS Exploration (UK) (PGS) Limited and Steven D Kalavity dated 9 November 2011 (the “Compromise Agreement”), you agreed that you would not publish or cause to be published the Publication or similar content on any website, social media platform or any other digital or physical media including, without limitation, by email.
You breached the Compromise Agreement in 2018 and you received notices to that effect pursuant to Clause 3 of the Compromise Agreement on 30 April 2019 and 7 May 2019 instructing you to remove or amend such material. You did not do so. As such PGS are taking civil and criminal proceedings against you in Thailand, as we are entitled to do under Clause 6 of the Compromise Agreement. Note that in the event PGS prevail in such proceedings against you, you will be liable to PGS on an indemnity basis for PGS’s full legal costs. This will be enforced against you as a debt.
You have published the Publication and more similar content in breach of Clause 2 of the Compromise agreement on your websites www.marineseismicsurvey.com and www.nopgs.org.
This email constitutes notice in accordance with our obligations under Clause 3 of the Compromise Agreement. PGS hereby notifies you in accordance with Clause 3 of the Compromise Agreement that publishing of the material on
www.marineseismicsurvey.com and www.nopgs.org is a breach of Clause 2 of the Compromise Agreement and must be removed from those websites. You have three (3) days to comply with this notice by removing the material or amending it so that it does not mention PGS or its Affiliates or employees.
Under Clause 4 of the Compromise Agreement you agreed to pay a penalty of USD $50,000, which shall constitute a debt from you to PGS. In the event that the material has not been removed by 2 pm UK time on 26 April 2020, PGS shall without further notice to you instigate debt recovery proceedings against you for all penalty sums due to PGS occasioned by this and your previous violations of Clause 2. Such proceedings may include bankruptcy proceedings available to PGS under relevant applicable laws.
In addition to proceedings against you in Thailand, we reserve the right to issue further proceedings against you in Texas for breach of contract in accordance with our rights under Clause 6 of the Compromise Agreement. Note that in the event PGS prevail in these further proceedings against you, you will be liable to PGS on an indemnity basis for PGS’s full legal costs. This, again, will be enforced against you as a debt.
For and on behalf of PGS Exploration (UK) Limited