Trone et al v. Peanut Corporation of America

Filing 24

Trone et al v. Peanut Corporation of America

Doc. 24 Att. 13

EXHIBIT

13

TO DECLARATION OF OCONNOR
Dockets.Justia.com

SIXTH

AMENDMENT TO EMPLOYMENT AGREEMENT

This Sixth be

Amendment
July
17

to

Employment Agreement the
Effective

into

to

effective

2006

Am
into

this

is

entered

by Dallas Basketball
Nelson

Limited

Texas

limited

partnership

the

Club and

Don

The Club
1997

and

Employee

entered

an

Employment Agreement dated
to

February

the Manager
the

pursuant of
the

which

the

Club

employed the

Employee
team

as General

Clus
the

National

Basketball

Association

known

as

Dallas

Mavericks

The
to reflect

Employment Agreement Employees assumption
of the

previously

was amended
of interim

effective

December
of
the

of the duties

Head

Coach

Team through
July

the

remainder
reflect

19971998

NBA

season

the
duties

Fi
of Ilead 2003

effective

to

Employees
General

assumption through

of the
June

Coach

30

the of

Se
the

through

June

30 2000

as

well

as

Manager
to reflect

effective

July

2000

Employees Manager
2011

assumption through June

duties

of and

Head

Coach

through
July

June 2006

30 2003
through

General June

30 2006

Consultant

from

30

the

Th
compensation
if

effective

August

2002
for

to

reflect

scheduled death

payment

of deferred the Term

Employee

is

terminated

cause

due

to

of Employee

Fo
of
the

and

effective

July

2003

to

reflect

the

extension

of

the

Employment Agreement
term
the as

Ag
as

and

other

modifications used

thereof the

Fi
means

The
the Employment the Third

hereinafter

in

this

Amendment
the

Agreement

amended

by

the

First

Amendment
tbe Fifth

Second

Amendment

Amendment

the Fourth

Amendment and

Amendment

THEREFORE
Club and Employee

in

consideration

of the covenants

set

forth

in this

Amendment

the

agree

as

follows

The Agreement amended
meanings remains
rorth in

is

amended
effect
In

as

set

forth

in

this

Amendment

and
shall

as

so
the

il force
the

and

Terms used
the

in this

Amendment

have

set

in

Agreement

event

of any conflict

between the terms of

EEXHIBTNO

CONFIDENTIAL

6L

DBL0002925

the

Agreement

and

the

terms of

this

Amendment

the

terms of

this

Amendment

shall

control

In consideration

for

Employee serving

as

Consultant

of the Team time

during

the

Term
in the

July

2006

through

June

30 2011
no
In

the

Club

shall

make week

one
after

payment
execution

amount of

500000
by

to

Employee

later

than

one
the

the

of this Amendment from

Employee and Club
through June

the

event

Team
be

wins awarded

NBA
the

Championship same

July
as

2006
that

30 2011
the

Employee
players
shall

shall

championship
in

ring

awarded
of the

to

Teams

and

coaches

While

serving monetary

the capacity of Consultant

Team Employee

not be

entitled

to

any

compensation
in

including

sharing of playoff bonuses

resulting

from

the

Teams
the

appearances provisions

any playoff games

The Provisions

of this subparagraph

2a

replace

of subparagraph

4b

of the Fifth

Amendment

The
table

attached

replaces payable under June
this

in

the Agreement

and

is

summarizing
in effect

the

compensation continuous

assuming

the

Agreement

is

for

Term

through

30 2011

Employee agrees
and

that

he

shall

be bound and

and

govemed
of the

by the Constitution National Basketball

ByLaws
as

rules regulations they

resolutions

agreements from

Association

may

be modified

or amended

time to time

This with laws of

Amendment
of Texas

shall

be

governed
to

and

construed executed

in

accordance

the

the

State

relating

agreements
to

and

entirely

performed state

in

such

state

and

Employee hereby
that

consents

the jurisdiction
are instituted

of the courts

of

In

the

event

any

judicial

proceedings exclusive

concerning such

the

interpretation

or enforcement
in

of this
in

Amendment

venue

over

proceedings

shall

be vested

courts sifting

Dallas County

Texas

The
parties

parties

further

agree
the

that

any

and
the

all

disputes

between under

the

concerning

this

Amendment

andor

Agreement

performance

this

0Q02
CONFIDENTIAL

DBL0002926

Amendment
be submitted

andor
to

the Agreement with

or otherwise

related

to

the

parties

relationship shall submission or as of

arbitration

JAMSEndispute
parties in pending
to the

under

short

form

otherwise

agreed
relief

to

between court

the

Dallas

Texas
of arbitration

The by

seeking
either

equitable

from

of law

institution

party

shall

not be disputes

deemed

or considered

be

waiver

of the

parties

agreement

to

arbitrate

their

Alt provisions
force

of

the

Agreement not amended

by this Amendment

remain

in

frill

and

effect

EN

IT

WHEREOF
2006

the

parties

have

executed

this

Amendment

on

EMPLOYEE

DALLAS BASKETBALL LIMITED

Don Nelson

By
By
Radical Mavericks

Management

LLC

General

Partner

Mark

Cuban

President

0Q0
CONFIDENTIAL

DBL0002927

ExtbitA
Compensation
Schedule

EARNED
Current
Head Coach General Manager Consultant General Manager

to

13
613

Paid

Paid

NA NA

1800000 1800000

to

WOO

Paid

Paid

11 02
711101 711104

to to
to

3500000

1500000 1500000 1500000 1400000 1400000 1400000

102
6130103 6130105

to
to to to

71105
711106

06
6130111

3500000 3500000 3500000 3500000 3500000

NA NA NA NA NA NA
500000 500000

900000

000
1100000 1100000 1100000

900000

NA
21000000 Schedule
B700T000

NA
9600000

Compensation

PAID
Current
Head Coach General Manager Consultant

Deferred
General Manager

71100
711101

to to 6130102

3500000

7102

11
7105
71107

to
to to

to

04 13

3500000 3500000 3500000 3500000 3500000

1500000 1500000 1500000 1400000 1400000 1400000

NA NA NA NA NA
500000

NA NA NA
1000000 1000000 1000000 1000000 1000000 1000000 1000000 1000000 1000000 200000
200000 200000

to 63007
to to to to to

7108

11
7112
711113

63011 63012 63013

to to

71114

to 63015

NA NA NA NA NA NA NA NA NA
21000000

NA NA NA NA NA NA NA NA NA
8700000

NA NA NA NA NA
500000

60
00292
CONFIDENTIAL

DBL0002928