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quality control. MTNV “promises to respect all the rules and
standards registered in the FORMULA (and operations manual) of
which it will have received the relevant copy from TORNEOS [TM]”.
J. Montaner was listed as the representative for TM and
A. Gelabert as the representative for MTNV.
The fourth document was dated May 26, 1986, and was an
agreement between Manver and TM whereby TM “is the owner of the
Idea, the name MEDIEVAL TIMES, Trademark, Guide and Operations
Manual of the DINNER-SHOW, OF A MEDIEVAL THEME WITH TOURNAMENTS
OF THE SAME PERIOD, (hereinafter ‘FORMULA’)”. The document
referred to the February 1, 1983, agreement between TM and MTNV
and stated that, as of the date of this agreement, May 26, 1986,
the 700-client per day average had not yet been reached. It
further recited:
[TM] acquired great and grave responsibilities with
respect to the services loaned for the granting of the
LICENSE to MEDIEVAL TIMES N.V. and in view of the
growth of MEDIEVAL TIMES N.V. and through the pertinent
studies, the following conclusions have been reached
that
a. by its own means it will be impossible [for
TM] to comply with its obligations of the
contract, if this should occur.
b. obtaining these means through a third party
would be highly costly and will produce little
profit.
7. Whereas considering the aforestated the
decision has been taken to SELL to MANVER all the
rights of the FORMULA, in the territory of the United
States of America and Canada.
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