In the alternative, implied terms of the Contract that are relied on by S&P Material facts to establish the purported performance of the Contract by HST Material facts to establish payment made by S&P breaches of Contractual terms by HST The phone call serves as a material fact in establishing the payment as he details were agreed upon then. Material facts to establish the consequences of the breaches of Contractual terms by HST and rejection of the Systems by S&P Material facts to establish the damage and loss suffered by S&P Do any issues of remoteness of damage potentially arise? Do any issues of mitigation of loss potentially arise? From what date does the limitation period for this claim start and expire