By clause 6 the Claimant will account for the payment of Expenses (defined in Clause 5) including by the delivery of receipts and other evidence of payment of Expenses as the Claimant receives from Mr. Chudson and Dr. Surner. By clause 7 the Claimant agreed to allocate the Expenses between researches and prosecution of Claims for Posener Property and any Claims that did not involve the Defendants. 8. “The parties agree that in the event that the JCC, any German court or any German agency (including without limitation the Bundesamt) makes any award for Claims for Posener Property supported by Claim Documents and/or prosecuted by Dr. Surner, the parties shall not direct the JCC or any German court or German agency to pay the Awards directly and that all Awards shall be paid to Surner out of which he shall pay his fees and shall then allocate the balance of the Awards (if any) as follows: (a) Surner shall first remit to Tony out of the Awards sufficient funds to reimburse him for the Expenses he has incurred with respect to such Claims; (b) Surner shall pay the remainder of the Awards with respect to such Claims, if any (the Net Awards), in the following percentages: 30% to Tony (“Tony’s Percentage”); and 70% to Nicky and Mike to be apportioned among all heirs of Siegbert.” 9. “In the event that Mike and/or Nicky breach their obligations under this Agreement, including without limitation, their obligation not to seek direct payment of any Awards for Claims for Posener Property and fail to reimburse Tony in full for his Expenses and/or for Tony’s percentage, Mike and Nicky, jointly and severally, hereby agree to indemnify and hold Tony harmless from and against all losses, liabilities, costs and expenses, including without limitation legal fees and disbursements, that relate to or arise out of such breach.” Clause 10 provides that the contract is governed by the laws of the Commonwealth of Massachusetts and that may not be waived, amended or the obligations in the contract terminated in whole or in part except by a writing executed by all parties. Clause 11 provides that the contract is an entire agreement and supersedes any prior understanding or agreements of the parties. 43. The expert, Judge van Gestel, was instructed on 9 th June 2017 (3 working weeks before trial) and produced his report by 20th June 2017. He was asked part 35 questions by both sides and produced his replies by Thursday 29 th June 2017, with the trial starting the following Monday.