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The former exclusive negotiating agreement states that if the negotiations fell through SunCal would just get back its $1 million deposit.
The judge said it was too early in the case to reach a final conclusion on waiving damages.
SunCal also has filed a separate claim that alleges Alameda has failed to produce internal city emails that allegedly would show that city officials were acting in bad faith during the negotiations.
http://www.insidebayarea.com/timesstar/localnews/ci_19207586