- 7 -
for the 1982 Agreement, and that the Agreement would run until
voluntarily terminated by one of the parties.
Petitioner entered into a contract with BWE on January 1,
1988, (1988 Agreement) which had terms similar to the 1982
Agreement, as amended, except that:
(i) the 1988 Agreement would continue indefinitely but
would terminate upon written notice by one party to the other of
breach and the failure of the defaulting party to cure the breach
within 15 days of receipt of the notice;
(ii) petitioner would receive 42 percent of gross weekly
collections and any amounts left after all Program obligations
have been met but not less than $100,000 for each solicitation,
which was to occur annually;
(iii) telephone salesmen, field representatives, and office
managers would receive 30.5 percent of gross weekly collections;
(iv) the 1988 Agreement would terminate upon an uncured
breach by one party.
Petitioner entered into a contract with R.H. McKnight Co.,
Inc. (McKnight), on June 20, 1990 (1990 Agreement), which had
terms similar to the 1982 Agreement, as amended, and the 1988
Agreement, except that:
(i) McKnight replaced BWE;
(ii) reference to yearbooks was deleted, and terms
referring to a program guide which was to be distributed in
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011