way that the or nd category is with respect images i'm going to start with the images issue and i don't think there's really a dispute about the legal issue here or had to prove question now whether there has been a breach that's led to d m midges has to be measured by the terms of the contract and here allegation is that the contractor hired metro metal to repair damages caused the repaired eighty five percent of the dock service didn't appear to have significant damage to it and that the cost of repair as a result or concurred was are greater than what was essentially a pristine dock but if you look at the contract language it says initial condition of the damaged area and so even if you accept the proposition that initial condition  benchmark is like new and we don't agree that the contract unambiguous lee says that that is what benchmark it still only with reference to those areas that were a m because mr mccormick unambiguously requires netroots repair all damage that it may caused the terminal through its expanded operations that were contemplated under the agreement and finally under washington law the part was entitled to be reimbursed for amoun related as much as operations inevitably were down it's referred to in the record as a sacrificial layer as a result of the asphalt provision needed to be made clear that it was not just one time asphalt needed to be re added there was no similar need to make initial repairs to the new operations area that next year was moving into and two thousand and nine magic which had never really been used for their expansion so there was no need to in that initial language so it w operation to the new operational areas because it never really been new then there's no evidence that they had damage in two thousand pairs so one way to think of it is that the asphalt provision required both immediate and ongoing concrete been needed to be repaired lightly under the exhibit to which covered repairs free just in down it's the fashion the record is there there's no evidence that there was any damage that needed to repair it in two thousand and nine when this cadillac repairers you ended up with a better doc than what you started with and that's terrific for the for the pork congratulations but maybe that's not what their obligation was under the under this contract and and i don't know how we resolve that make two arguments that that i i would put into the the bucket of you give yourself a better doc one of those is that support fixed wear and tear or to wear and tear and i would point out st of all that r r in like new condition despite normal wear and tear and the last argument that we got a better doc really relates to the sniper silica versus concrete and i think that argument can only be categorized as a red herring because mccormick metro port in two thousand and twelve so he says there was damage but the amount of damage that can be attributed to them is much less than these itemized things and how to eat how do we say that that's reasonably ascertainable on this on this record without on one issue with respect to the liability side and that of the idea that there was no damage to the dock for evidence of damage to the dock hired i'm this agreement in and that's just simply incorrect