- 6 - On November 1, 1966, Mr. Farnsworth and Farmers signed an addendum to the DMAA, amending his concurrently signed DMAA. The November 1, 1966, addendum to the DMAA reduced Mr. Farnsworth’s overwrite commissions to the portion of the overwrite in excess of $935 per month. The monthly reduction in the overwrite payable to Mr. Farnsworth is commonly referred to as the “retention amount”. Under the terms of the addendum, the retention amount was to be withheld for the first 120 months of the contract (10 years). Commencing with the 121st month, the retention would be reduced or eliminated if Farmers, in its discretion, determined that Mr. Farnsworth’s performance warranted the reduction. A second addendum to the DMAA, entered into by Farmers and Mr. Farnsworth on February 6, 1968, reduced the “retention amount” from $935 per month to $605 per month, but extended the term of the retentions to the 178th month of the contract (approximately 15 years from inception of the contract). Commencing with the 178th month, the retention would be reduced or eliminated if Farmers, in its discretion, determined that Mr. Farnsworth’s performance warranted the reduction.3 3The stipulation of facts between petitioner and respondent mischaracterized the retention amounts as commencing, rather than terminating or being reduced, on the 121st and 178th month of the DMAA, respectively. The addenda make clear, however, that the retention amounts were to be withheld commencing immediately, and were to continue until the 121st and 178th month, respectively, (continued...)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