-148- percent from the 30 percent required under the original agreement), 57 percent of its management fees from the Allentown Hilton (an increase of 14 percent from the 43 percent required under the original agreement), and 57 percent of its management fees from the newly acquired Twin Sixties Hotel management contract. Exh. 350, exh. A. From 1982 through 1986, the specified percentage of fees Essex Partnership received under the various consulting and fee participation agreements it had with GHM and MHM varied and, at times, was adjusted.77 In operating Essex Partnership, the partners agreed the fees GHM paid Essex Partnership generally would equal the fees MHM paid to the partnership. The partnership’s specified percentage of fees under each consulting and fee participation agreement could easily be adjusted and modified, as each consulting and fee participation agreement was subject to cancellation on 30-to-90-days’ notice. As a result, if a significant change occurred with respect to the compensation that GHM or MHM received under a particular hotel management contract, an offsetting change then could be effectuated in the 77 On Jan. 1, 1986, Connolly executed a new Representation and Marketing Agreement on behalf of GHM which provided that GHM would pay to Essex Partnership 40 percent of the fees earned on the Gateway Hilton and Midland Hilton management contracts. Exh. 351. Formby believed this modification was made because Connolly’s salary was no longer being paid by the Gateway Hilton. Formby, Transcr. at 1542.Page: Previous 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 Next
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