Mckinsey references its commitment to BEE. This seems a cynical precursor to them advancing an argument that this (Trillian) commission/partnership structure is the just way things are done in SA.

The agreement that Mckinsey and Eskom entered into seems to be not a result of an arms length negotiation where both parties try to get the best deal for themselves. The (1) huge fee, (2) the unorthodox way benefits are calculated, (3) the questionable deliverables, (4) the break clause provisions, (5) the force majeure provisions, (6) the fact that an 'at risk' contract seemed to pay out after a low, low  (no?) bar was reached, all lend the impression that this was not a  'negotiation' but rather an 'agreement' to pay as much as possible. Of course more for Mckinsey = more for Trillian. 

Dear Mckinsey you must know that it is of course not a 'negotiation' if both the buyer and seller of the used car want the price to be as high as possible.