- 7 - Paragraph 18 of the Marketing agreement stated: This Agreement shall be initially valid for a period of 5 (five years) from the date of its signing by the last of the two Parties. Unless terminated in accordance with the provision of paragraph 19 (nineteen) below, it shall be automatically renewed thereafter on a year by year basis.[4] The Marketing agreement was signed by Mr. Fares as president of Matrix and by Mr. Werner as president of petitioner. At the time the Marketing agreement was signed, petitioner began incurring expenses, building inventory, and accruing receivables. Petitioner also began accruing royalties owed to Matrix under the terms of the Marketing agreement. Petitioner, however, has never paid any of the accrued royalties to Matrix. Prior to Matrix's first shareholders' meeting in April of 1984, Matrix estimated that by August of 1985 petitioner would have positive cash-flow. Also, the shareholders of Matrix agreed that although Matrix expected to accrue over $2 million in royalties from petitioner by August 1985, Matrix would cause the royalties to be retained by petitioner until petitioner's cash- 4Paragraph 19 states: This Agreement may be terminated by either Party at any time during its validity in case of breach of any of its provisions by the other Party and failure to correct the breach within 30 (thirty) days from notification to that effect by the complaining Party to the breaching Party.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011