based upon the amount of proceeds received by Grand Lake and generated by the sale of inventory to a third party which was not turned over to BCI; or
b. $189,000.00 based upon the value of inventory for which Grand Lake has been unable to account.
12. Between the dates of March 30, 2002, and May 13, 2002, Grand Lake sold 39 snowmobiles financed by BCI to one Tom Scheele for a total of $110,659.95. Such sales were made without the consent or knowledge of BCI.
13. On May 8, 2002, an agent of BCI performed a floor check of Grand Lake's inventory.
a. Mr. Tinkler met with BCI's agent on that date and provided information to her for the floor check report.
b. The floor check report contains a notation that "alltime that the periodic floor check was performed and not at the time of each sale.
a. BCI asserts that this practice was contrary to the Agreement and asserts that the Agreement required payment to be made to BCI at the time any BCI financed snowmobile was sold.
b. BCI knew of and had complained about Grand Lake's practice.
17. It had been Grand Lake's practice in prior years to sell off its inventory of rental machines in the Spring of the year and to wait until the Fall of the same year to make payment to BCI for those units. This practice was done without BCI's knowledge or consent.
18. The condition of Grand Lake's business in the Spring of 2002 was such that Tinker knew that the business would not