Mr. Sujan Lal Shrestha
Executive Secretary
Nepal Olympic Committee
Kathmandu
Nepal

29 August 2009

Solidarity Contract and Receipts

Dear Mr. Shrestha

Further to my request for a full copy of the Solidarity contract in force between us, I am sad to note that you have declined to provide this.

Please be aware that without such copy I am forced to consider the document I signed in January, (the endorsed signature sheet of which you kindly sent me) as being the actual contract in force between us. You will be aware that this differs in significant aspects from the contractual terms you suggested to me by phone. However without any other official documentation I am legally bound only to the contract I actually saw and signed. I trust you will understand that no amount of telephone discussion can alter this legal reality.

Regarding your demands for receipts, notwithstanding the still unresolved matter of actual funding commencement, please note that Solidarity regulations stipulate that funding periods are four months long and that receipts and reports are submitted at the end of each such period. This allows flexibility in circumstances, such as Alpine Ski racing, where training periods are seasonally limited and necessarily expensive. A month’s funding will cover the cost of just one week in my discipline and naturally I intend to concentrate my funding during the periods it is most effective. This matter was discussed on my behalf directly with Solidarity in January and they confirmed such flexibility was fully intentioned in the rules. Indeed I was even informed that funding could be carried from one period to another with reasonable cause. It was on that basis that I entered into the contract.

Please also note that further to your policy regarding Mr. Morley, and without any practical support from the Ski Association, I am now obliged to personally organise the entire schedule of transport, visas, accommodation, catering, local transport, training facilities, training, competition entry and equipment for the coming season. This is not easy and cannot be concluded in a few weeks. In consequence I feel your demand for receipts so soon after confirmation of funding does not take the practical requirements of my sport into account.

Nonetheless I see a legitimate way ahead on this issue. Your attachment confirmed the monthly allowance to be $1,500 and you have sent me $3,000 stating that the funding commenced in May. You will note from the contract that May and June are part of the second period which includes March and April. In consequence it was the clear intention of Solidarity that this funding could be used during the main winter season, as indeed it was. You are aware that during those months I incurred significant legitimate expenditure, a consequent debt, under the fully reasonable expectation that it would be met by the scholarship. I am therefore happy to provide you with receipts from the earlier part of the period which this funding was designed to cover.

I trust this paperwork will satisfy your immediate needs to secure the Solidarity funding for the period July to October. Please confirm.

As an additional matter, please prepare the documentation earlier supplied by the sponsors to procure the necessary visas for me to train/compete in France (Schengen), Norway and America during the fall. I trust you are familiar with the requirements of such letters. Your conditions prevent me asking Mr. Morley to assist in this matter as he has done throughout my career to date.

Sincerely Yours

Shyam Dhakal

NB: Notwithstanding the obvious need to deal with contractual matters in writing, please be reminded that my employer does not allow the use of mobile phones and I am therefore unable to take your impromptu calls. Any phone conversation must therefore be by prior arrangement only. I check my e-mail twice daily for such purposes.