Vena Marilyn Wofford - Page 7

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               Phillip J. Rigney (Mr. Rigney) signed the agreement on                  
          behalf of Safeguard.  According to Mr. Rigney, Safeguard was                 
          acting as an agent on behalf of the former distributors in the               
          sale of their rights to their customer bases.  For over 10 years,            
          Mr. Rigney's position with Safeguard was that of sales manager,              
          which involved direct responsibility for and support of a group              
          of sales distributors.  Mr. Rigney found in his experience that              
          the purchase price of a customer list generally is the product of            
          the sales generated from the customer base over the previous 12              
          months multiplied by a factor ranging from 1 to 2.  Mr. Rigney's             
          recollection was that there were several negative factors                    
          associated with the lists as to which petitioner acquired the                
          commission rights, including the poor economy in Texas in 1988               
          and the lack of consistent servicing of the customers on the                 
          lists.  A factor of 1 was used in determining the price charged              
          to petitioner.  In Mr. Rigney's opinion, petitioner was a strong             
          negotiator, and he believed that this is why the Agreement was               
          not finalized until December 1988.                                           
               Petitioner received commission statements on or about the               
          fifteenth of each month for the prior month's sales.  Petitioner             
          operated her business on the cash basis.  Safeguard withheld                 
          territory repayments of $18,238.42 in 1988 from petitioner's                 
          monthly commission statement.  The amounts withheld in 1988 were             
          not fixed monthly sums but varied.  Petitioner's monthly                     
          commission statements for 1989 reflect a total amount of                     




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