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provided for payment by MTNV to Eurotor and TM jointly “but it
will be exclusively EUROTOR that will have the rights to them
during the entire time that this contract might last”.
The document then varied from the January 24, 1983, document
in that it further stated that, once MTNV had “achieved a daily
average, in the last fiscal year, of 700 clients”, Eurotor and TM
would separate, “nullifying, with all effects, their merger.”
After the separation, TM was to receive from MTNV 10 percent of
MTNV’s “gross production”. TM was to take “exclusive charge of
technical assistance, not management.” TM was to contribute to
MTNV the use of the name, trademark, and idea; the handbook or
formula; all of its experience with respect to choreography,
lights, and sound; the making and maintaining of the costumes and
wardrobe; all that is relevant to the equestrian section of the
program; all that is relevant to the fights, duels, and selection
and control of the weapons; its knowledge with respect to the
serving of food and drink (catering); an assessment with respect
to the promotions and publicity; and effect a “persual [sic]” and
control of quality and advise on the modifications that ought to
be carried out to which MTNV would always be heedful.
Eurotor was to contribute to MTNV its “experience in the
management of companies”, including finance, administration, and
personnel. The document further stated: “By express desire of
EUROTOR and TORNEOS [TM], it is put in evidence that TORNEOS [TM]
is the exclusive owner of this FORMULA, that in other countries
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