-145- Formby, Transcr. at 1499-1503; Exh. 4007.73 Although the power of attorney apparently was prepared in December 1982, it was executed “as of” January 1, 1982. Exh. 4007. Formby performed accounting services for Essex Partnership, and he performed the financial and accounting services that GHM required in connection its hotel management contracts. Formby, Transcr. at 1500-1504, 1590-1591; Exh. 4009. i. GHM’s and MHM’s Representation and Marketing Agreements On January 1, 1982, Connolly executed on behalf of GHM an agreement titled “Representation and Marketing Agreement” with Essex Partnership (the GHM/Essex agreement) wherein GHM agreed to pay to Essex Partnership 75 percent of its fees on GHM’s management contracts on the Gateway Hilton and the Midland Hilton Hotel.74 In return, Essex Partnership was to (1) “perform liaison functions between Gateway and certain hotel owners in connection with management contracts between such parties”, (2) “perform liaison functions between Gateway and the owners of any additional properties which it is instrumental in securing for management by Gateway”, (3) “use its best efforts to maintain 73 Lexington Investment Co. owned a majority of Motor Hotels Management Co. (MHM). Formby, Transcr. at 1599. 74 This document (Exh. 348) suggests the Midland Hilton management contract was awarded to Connolly/GHM earlier than January 1982.Page: Previous 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 Next
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