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Neither this agreement nor any right or obligation hereunder
nor the payment of any commission that Representative may
hereafter accrue hereunder shall be transferable or
assignable by Representative, or any assignee hereof,
without GM's prior written approval.
This document was signed by petitioner on June 16, 1969, and thus
became what we refer to hereafter as the 1969 GM-Caspian
agreement. On May 8, 1969, GM entered into a separate agreement
with Diesel Power whereby Diesel Power agreed to act as a
distributor of GM Detroit Diesel engines in Iran. This agreement
was signed by petitioner as "Chairman" of Diesel Power.
There was considerable correspondence between petitioner or
CTC employees and GM over the next several years concerning such
matters as where to send notices, various orders, and where
commissions should be sent and in what amount. CTC also
requested that Diesel Power furnish CTC with invoices for orders.
Petitioner periodically provided GM with reviews of his
negotiations on behalf of GM, and in a 1975 letter to GM
reviewing the history of his relationship with GM, indicated that
this relationship involved petitioner individually as well as his
"associates". Petitioner kept track of all commissions received
from GM.
Diesel Power also had direct contact with GM. For example,
a GM employee dealt with Mr. Khalatbari in the contract
negotiations for the sale of 51 locomotives to the Iranian
Government. This same employee also dealt with Mr. Khalatbari in
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