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As of January 1, 1988, Manver was to pay to TM 1,000,000
pesetas. TM was to “deliver, authentically, the name, trademark
and hand-book of the FORMULA to MANVER, in the act of signing
this contract.” The contract was not signed. The
representatives were J. Montaner for TM and Mayol for Manver, and
the parties were to have been assembled in Alfaz del Pi, Spain.
The fifth and sixth documents were purportedly management
contracts between Eurotor and MANV and Eurotor and MTNV,
respectively. The Eurotor and MTNV document was dated August 1,
1986, and named Sans as the representative for MTNV and
Santandreu for Eurotor. It stated that, as of July 31, 1986, the
joint venture between Eurotor and TM (the January 20, 1983,
agreement) was terminated. The document referred to the
January 24, 1983, management agreement between Eurotor and MTNV
that was drafted by Allen and stated that the management
assessment provided to MTNV by Eurotor continues to be
“essential” to MTNV. MTNV agreed to pay to Eurotor, effective
August 1, 1986, for a period of 1 year, 2 percent of its gross
production. Eurotor was to provide, among other things,
assessment on finance, administration, marketing, licensing and
franchising, personnel, and budgets. These services, allegedly
provided under the January 24, 1983, management agreement, were
the same services Forsyth specified in his November 1986 draft
letter to Santandreu.
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