Just to keep it all straight, this isn't in connection with the motions already heard on September 15. These will be discussed in the future, on December 9, when this motion on breach of contract claims is argued, as you can see by number 262 on Groklaw's IBM Timeline page, where pending and undecided matters are in red. We are still working on transcribing all the declarations. We also have a new page, explaining what Groklaw's mission is and briefly listing and explaining the resources Groklaw offers, with links, so new visitors can readily find their way around. It's now a permanent link called Mission, on the left.

********************

SNELL & WILMER L.L.P.
Alan L.Sullivan (3152)
Todd M. Shaughnessy (6651)
Amy F. Sorenson

[address, phone, fax]

CRAVATH, SWAINE & MOORE LLP
Evan R. Chesler (admitted pro hac vice)
David R. Marriott (7572)
[address, phone, fax]

Attorneys for Defendant/Counterclaim-Plaintiff
International Business Machines Corporation

_____________________

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH

_____________________

THE SCO GROUP, INC.,

Plaintiff/Counterclaim-Defendant,

v.

INTERNATIONAL BUSINESS MACHINES CORPORATION,

Defendant/Counterclaim-Plaintiff.

____________________________

DEFENDANT/COUNTERCLAIM-PLAINTIFF
IBM'S DECLARATIONS IN SUPPORT OF
MOTION FOR PARTIAL SUMMARY
JUDGMENT ON BREACH OF
CONTRACT CLAIMS

VOLUME I OF II

Civil No. 2:03CV-0294 DAK

Honorable Dale A. Kimball

Magistrate Judge Brooke C. Wells

____________________________

Defendant/Counterclaim-Plaintiff International Business Machines Corporation ("IBM") respectfully submits the following declarations, attached hereto at Tabs A-E, in support of its Motion for Partial Summary Judgment on Plaintiff/Counterclaim Defendant The SCO Group, Inc.'s ("SCO") breach of contract claims (SCO's First, Second, Third, and Fourth Causes of Action):

A. Declaration of Kathleen Bennett, executed August 5, 2004.

B. Declaration of Thomas L. Cronan, III, executed July 29, 2004.

C. Declaration of Randall Davis, executed August 13, 2004.

D. Declaration of Michael J. Defazio, executed October 3, 2003.

E. Declaration of David W. Frasure, executed March 28, 2004.

DATED this 13 Th day of August, 2004.

SNELL & WILMER L.L.P.

__[signature]____
M. Shaughnessy Amy F.
Sorenson

CRAVATH, SWAINE & MOORE LLP
Evan R. Chesler David R. Marriott

Attorneys for Defendant/Counterclaim-Plaintiff
International Business Machines Corporation

Of counsel:

INTERNATIONAL BUSINESS MACHINES CORPORATION
Donald J. Rosenberg
Alec S. Berman
[address, phone]

Attorneys for Defendant/Counterclaim-Plaintiff
International Business Machines Corporation

CERTIFICATE OF SERVICE

I hereby certify that on the 13th day of August, 2004, a true and correct copy of the foregoing was hand delivered to the following:

Brent O. Hatch
Mark F. James
HATCH, JAMES & DODGE, P.C.
[address]

and was sent by U.S. Mail, postage prepaid, to the following:

Stephen N. Zack
Mark J. Heise
BOIES, SCHILLER & FLEXNER LLP
[address]

Robert Silver
BOIES, SCHILLER & FLEXNER LLP
[address]

_____[signature]______
Amy F. Sorenson