- 14 - It further [sic] recognized that, for Cascade to market its products competitively, there needs to be a reasonable limit as to percentage of the selling price which can be allocated to royalty payments or the like. Accordingly, Cascade shall have the right to review on an annual basis the patents and patent applications sold by Lea to Cascade along with such other improvements which might be incorporated in its product line, to determine if there should be any reallocation of the five percent (5%) payments which are to be made to Lea for the following calendar year. If Cascade determines that such other improvements have substantial merit and make a significant contribution to the technology incorporated in Cascade's products or in the process for making the products, then Cascade may, in its discretion, make a reallocation of the five percent (5%) payments to be made Lea, * * * . On April 20, 1983, in accordance with the 1982 agreement, Cascade delivered to Lea an installment note for $259,128.03, the amount of the payments delinquent under the 1979 sales agreement. The note required quarterly interest payments and two equal principal payments on December 31, 1983 and 1984. Improved Cash-flow and Prosperity Cascade made several changes that improved its cash-flow. First, instead of contracting out the manufacturing operation, Cascade began to manufacture the mattresses itself. This change allowed Cascade to retain the contractor's profit, which it estimated was approximately $100,000. Cascade also improved the manufacturing operation by changing from a cut-out method to a peel-out method of removing the mattresses from the presses. Once the workers became proficient at using the new method, each mattress was manufactured more quickly and, therefore, at a lowerPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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