AGREEMENT
WHEREAS,
George Chelekis, and individual with a mailing
address of xxx xx xxxxxx, Clearwater, Florida
34630 ("Chelekis" hereafter) is a
writer of books that have been published and
intends to write books that he wants to be
published and marketed (collectively the
"Books" hereafter); and
WHEREAS,
Maaret Schnier, an individual with a mailing
address of xxx xxxx xxxxx xxxxxx, New York, New
York, 10003 ("Schnier" hereafter) is
experienced in obtaining publishing and marketing
books; and
WHEREAS,
Schnier has materially assisted Chelekis with the
publishing and marketing of the Books that
Chelekis has previously written; and
WHEREAS,
the parties desire to set forth in writing their
agreement.
NOW
THEREFORE IN CONSIDERATION OF THE MUTUAL PROMISES
AND PERFORMANCES OF THE PARTIES IT IS AGREED:
Chelekis will submit each
new manuscript of the new Books that he
writes to Schnier.
Schnier agrees to promptly
review each manuscript and make
suggestions to Chelekis for the
publishing and marketing of the
manuscript of the new Books.
Schnier shall assist
Chelekis in negotiating a publishing and
marketing agreement for each of the new
Books.
Schnier shall assist
Chelekis, when requested, in
renegotiating publishing and marketing
agreements for each of the new Books and
for methods of assisting the publisher
and/or marketer of the Books to generate
more sales of the Books.
As consideration for her
assistance, Schnier shall receive TWENTY
PERCENT (20%) of all royalties received
by Chelekis from any source with respect
to the Books whether written now or in
the future ("Schnier Fee"
hereafter). The Schnier Fee shall be
payable within five days after any
royalties are received by Chelekis.
The term of this Agreement
shall be five (5) years. However, this
Agreement may be cancelled by either of
the parties giving notice of cancellation
by certified, return receipt, U.S. mail
to the other party at least thirty (30)
days prior to May 1st of each year during
the term of this Agreement. In such
event, this Agreement will terminate on
May 1st of the year in which such notice
is given.
Chelekis represents and
warrants that there has been no
assignment or pledge of any royalties
payable to him from the Books.
All notices, demands,
elections, requests, or other
communications required or permitted
hereunder shall be given in writing and
either delivered in person or mailed by
certified mail, return receipt requested.
In the event of any
controversy or claim arising out of or
relating to this Agreement, or breach of
any of its provisions, the parties hereby
agree that the dispute shall be decided
as a business dispute in adherence with,
and by WISE arbitrators trained in,
Scientology ethics and justice policy
letters with respect to all ethics
relevant to such controversy and claim;
and the parties agree to be bound by such
decision.
Provided however, if one of the parties
hereto does not agree to WISE
arbitration, then the parties agree that
any controversy or claim arising out of
or relating to this Agreement shall be
resolved by arbitration conducted in
accordance with the commercial
arbitration rules of the American
Arbitration Association in effect at the
time of the arbitration. Judgment upon
any award rendered by the Arbitrators may
be entered in any court having competent
jurisdiction.
The Parties hereto covenant
and agree that they will execute and will
cause their permitted successors,
transfers, and assigns to execute such
other and further instruments and
documents (including but not limited to
written agreements to comply with the
requirements of law, if any) as are or
may become necessary and convenient in
the opinion of the Parties to effectuate
and carry out the purposes of this
Agreement.
Except as otherwise provided
herein, this Agreement is binding upon
and inures to the benefit of all Parties,
their heirs, executors, administrators,
assigns, successors in interest or other
legal representatives.
If any sentence or paragraph
of this Agreement is declared by a court
of competent jurisdiction to be void, the
sentence or paragraph shall be deemed
severed from the remainder of the
Agreement and the balance of the
Agreement shall remain in effect.
Whenever required by the
context, the masculine gender shall
include the feminine and neuter genders,
and vice versa; and the word
"person" shall include a
corporation, partnership, firm or other
form of association; the singular shall
include the plural, and vice versa.
This Agreement and the other
instruments referenced by this Agreement
constitute the entire agreement between
the parties with respect to the subject
matter herein contained and supersede all
agreements, representations, warranties,
statements, provisions, and undertakings,
whether oral or written, with respect to
the subject matter hereof. This Agreement
may only be modified by a written
instrument executed by all of the
parties.
This Agreement shall be
construed under the laws of the State of
Florida as if this Agreement were
executed in and to be performed entirely
within Florida.
In the event of a dispute,
arbitration or litigation with respect to
any of the terms of this Agreement or the
transactions contemplated by it, the
prevailing party is to be awarded
reasonable attorney fees and costs.
This Agreement may be
executed in several counterparts and all
so executed shall constitute one
Agreement, binding on all of the Parties,
notwithstanding that all of the Parties
are not signatory to the original or the
same counterpart.
No condition or obligation
under this Agreement may be waived
without a written acknowledgement of such
waiver, and one waiver of any condition
or obligation is not to be construed as
creating any other waiver of a condition
or obligation. Further, the waiving party
is free to reinstate any such term or
condition with or without notice to the
party relying upon such waiver.
The rights and obligations
under this Agreement can neither be
assigned or delegated without the prior
written consent of the Parties.
The Parties acknowledge that
they have had the opportunity to review
this Agreement with independent legal
counsel, that they understand its
contents, and legal effects, have
participated in its drafting, and that
they agree that this Agreement shall not
be construed for or against any Party.
ENTERED
INTO AND AGREED AS OF THE 1 DAY OF MAY, 1990 BY
AND BETWEEN THE PARTIES WHOSE SIGNATURES APPEAR
BELOW.
______________________________
GEORGE CHELEKIS
______________________________
MAARET SCHNIER
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