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Defenders and Reclaimers: Dean of Faculty (R S Keen QC), Duncan; Dundas & Wilson CS LLP
"For declarator that, in relation to the determination of the level of Service Fees payable by the defender to the pursuer under the Services Agreement between the pursuer, the defender and Securicor Group Limited dated 2 August 2002 ('the Agreement'), clause 2.2 of the Agreement does not have the effect of making any increase in the Services Fees payable by the defender to the pursuer from the seventh anniversary of the Service Commencement Date, as defined in the Agreement, dependant on the defender's absolute discretion".
[3] The respondents originally sought a further declarator which was in the following terms:
"For declarator that, under reference to the Service Agreement between the pursuer, the defender and Securicor Group Limited dated 2 August 2002 ('the Agreement'), the second last sentence of paragraph 1.3 of part 13 of the schedule to the Agreement does not apply to a benchmarking of the Services Fees undertaken in terms of clause 2.2 of the Agreement for the purposes of determining the Services Fees payable for the Services with effect from the seventh anniversary of the Service Commencement Date".
[4] The respondents, through their counsel, indicated that they would not be moving for that conclusion to be granted.
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