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
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