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Wednesday, February 10, 2010

Termination Clause

We will discuss the below in class:

7. Termination. If REPRESENTATIVE or PLAYER shall fail to observe or perform any of the obligations created in this Agreement, the non-defaulting party shall have the right to elect to terminate the Agreement if such default is not cured within thirty (30) days after the non-defaulting party shall have given the defaulting party written notice specifying such default. Notice shall be per the provisions of Paragraph Nine (9) herein.
 In terms of an Athletic Contract or Marketing Services contract governed by the terms of Paragraph Five (5) herein if termination occurs prior to the completion of the negotiations for the particular contract, REPRESENTATIVE shall be entitled to compensation equal to the reasonable value of the services performed in the negotiation of such contract. If termination occurs after PLAYER has signed an Athletic Contract and/or Marketing Services contract negotiated by REPRESENTATIVE, the REPRESENTATIVE shall be entitled to his Fee for negotiation of such contract.

In the event of termination, if PLAYER (or his new representative) is subsequently able to renegotiate any Athletic Contract or Marketing Services contract previously negotiated by REPRESENTATIVE prior to expiration of said contract, REPRESENTATIVE shall still be entitled to the Fee he would have been paid pursuant to Paragraph Five (5) herein if the Athletic Contract and/or Marketing Services contract had not been renegotiated.