Gavin Polone - Page 9

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          for (1) 25 percent of the commissions received by UTA from                  
          package fees or profits (or advances on profits) from                       
          petitioner’s clients’ projects which were booked or being                   
          negotiated by UTA while petitioner was at UTA or were payable               
          under the terms of agency agreements signed by petitioner’s                 
          clients while he was at UTA, and (2) all revenue, not just                  
          package fees and profits, on Conan O’Brien’s deal for “Late Night           
          With Conan O’Brien” (altogether, the back-end payments).5                   
          Additionally, petitioner agreed that his bonus would be at UTA’s            
          discretion and would be based upon his performance, his attitude,           
          and the performance of UTA.  Except as expressly modified                   
          therein, the terms of the employment agreement remained in                  
          effect.                                                                     
          Petitioner’s Relationship With UTA                                          
               Petitioner’s interaction with UTA’s management committee,              
          partners,6 agents, assistants, and employees often was                      
          confrontational.  Petitioner was tough on, and demanding of,                
          other agents and assistants.   During his employment at UTA,                
          petitioner prided himself in being brash, outspoken, and                    

               5  The May 1995 amendment provides examples including “25%             
          of * * * the commissions received from Larry David’s ‘Seinfeld’             
          profits”.                                                                   
               6  The witnesses used the words “principals” and “partners”            
          with regard to UTA interchangeably.  For convenience, we do so as           
          well.  The title “partner” at a talent agency does not                      
          necessarily mean that this person has an ownership interest in              
          the agency.                                                                 





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