Trone et al v. Peanut Corporation of America

Filing 24

Trone et al v. Peanut Corporation of America

Doc. 24 Att. 6

EXHIBIT

TO DECLARATION OF OCONNOR
Dockets.Justia.com

iFMENDf
This Fifth be

TO EMPLOYMENT

AGREEMENT

Amendment
July

to

Ernoloyxncnt

Agreement

this

Am
Agreement dated

is

entered

into

to

effective

2003

the the

Date

by Dallas Basketball

Limited

Texas

limited parthetshp

thdf

and

Don Nelson

The Club 1991 the
as

and

Employee

entered

into

an

Employment
to

ie
as

iEtQ
Manager of the Clubs the
Dallas Mavericks
effective

pursuant

which

the Club empldyed

Employee team

National

Basketball

Association

known

the

The
to reflect

was amended of intaim the
dutIes

December

19
July

Employment Employees of the

Head Coach

of the Team through
effective

the

remainder
reflect

gr ioofh 1Q
Manfla
to reflect

the

iousl
the duties season

NBA

1998 2000
as

to

Employees

assumptionof the
through

of 2003

ad
the of

Coach

through

30

tQU
of Head
Consultant effective

im

welt

as

alh
2000

effective

My
June 2006
to
for

Employees Manager 2011
of

assumption through June

the

duties

Coach

through

30 2003
through

General June

30 2006 and
and

from

Ju

30

August
is

reflect

scheduled death used

payment

deferred

Fo eQnflQ
means
the

compensation

if

Employee

terminated

cause

due

to

of Employee
in this

the

The term

the as amended Fourth

as hereinafter

Amendment
the Second

Employment
the

Agreement

by the

First

Amendment

Amendment

endQrQo and
in

the

Amendment

THEREFORE

consideration

of the

covenants

set

forth

in this

Amendment

Club and Employee agree

The amended meanings
remains

Agreement
in

is

amended

as

set

forth

in

this

Amendment

and
shall

as

so

force

and effect
In

Terms used
the event

in

this

Amendment bctwtn
this

have

the

set

forth

in

the Agreehient

of any

conflict

the terms

the Agreement control

and

the terms

of

this

Amendment

the terms

of

Amendment

shalt

OQ

Fur through
the

the

period
is

of

the

Tn sn
to

the

Amondratut Coach
in

June

30 2006
Manager of
the

Employee
of the leant

engaged

be

the

dQ

flifoctive

Out
being
La the

to

General

As

the

Head

Coach
in his and

of the

Team

addition

performance
the

services required
also shall

of Employee

position

of General
as

Manager
assigned

of
to

Team

Employee
to

perfonn such manAgement

duties

ice

may be

him from time

ah
as

sQ
both

Lime by senior

or ownership

of the Club consistent
that

with

of Head

Coach
and

of an

tea

During the period of the

Employee
also

is

serving
shall

Head
for

Coach
all

General Manager
aspects

Team

Employee

be

responsible

coaching

of

the

Team

During the remainder

of the Term as

Lyh

2006 of the

through

June

30

11 ipl
Team

shall

be

eitptoycd

by the Club

Consultant

Team

Employee
in

accepts

his

a4dition to his

eQsh
to

by the Club
as General
the

to

serve

as Head

Coach

of

the

Manager

of the Team
position
in

as pcovided

in

above
the

and

agreet

perform

lti of such
Amendment

lance

with

tents

of the

Agreement as amended by

this

For the three Employee
through serves
as

Millmonth
General of

periods

in

the Tetra

during

which 2003

both

Head Coach and
the annual salary

Manager
shall

of the Team be

June30 2006

Read
current

Coach id
basis as

jS
the

Employee

3500000
payable

per

year as

year as General

Maniger
with

both

by the Club on of
the

services

are rendered in accordance

reguLar

payroll practices

Club

Notwithstanding

above
due

at

the Clubs election for each

the Club such

200000

of

the

1600000
serves

to

Employee

rn
paid
to

may

defer

payment

of

period

during ot

which Employee
the three

as General Manager

of the

Team

to

be

instead

in each

12month

periods

following In

the cud

of the Term in accordance
deferred

with regular Employee
to for

yQ
services

practices

of the

Club

additIon

as

compountion
periods

rendered

to

the Club during

the three

12month

JuLy

2003

Jtme

30

2006

during

which

Employee

serves

as

Gencral

Manager

of the

Team

Employee

shall

OO3

900000
of

per

year

of deferred
the thrcc

compensation

2700000
to

ever

la

12month

iQ
earned June with

as

ice

are

rendered ted

aggregate

This and

defet

is

in

addition

the deferred

compensation 1998

already

accrued

by

Employee
deterred

during the

period

beginning payable

July
the

through

30 2003
regular

The

aggregate

compensation Club
in the

is

by

Club
as

in

aQnc

ny

practices

of the

mon

lQOl y 2
periods follows

5700000

1000000

00
his duties

In the event
the

that

Employee

cannot

continue
will

in

as Head

Coach

ing
per year

Term

his annual

ryh

as General

Manager

continue

to

be

1600000

thmngh

un

2006

For the live
2006
the

periods

thereafter

in

the

mh July
of the

through annual

June
salary

2011

during
shall

which Employee be
in

serves

as

Consultant

Team

of Employee

200000
accordance

per with

year

payable

by the Club on of the
June

current

basis

as services the

are rendered

regular
front

payroll practices

Club

20
Teams Employee

the event

Team wins
be awarded While
to the

sQidph
same
in

Employee and
not

shall

lw
the capacity
in

July

2006

through

ring as that

awarded to the of the

players
shall

coaches he

saving any

of Consultant
including

Team
of

entitled

monetary

compensation

sharing

playoff bonuses

resulting from the

Teams

appearances

any playoff

games

The
month period 12month
as referenced

deferred

compensation

earned

by
be

lQo
pro

for

12
over such

in

1a
is

above
for

shall

earned

rata

period

ie

if

Employee

tatedh

cause

halfway through
provided

period

for

which

deferred

compensation
for that

earned

as

above

halt

of such

deferred compensation

amount

period will

have been earned

ON

0032

The
payable tmder
this

attshed the

zizinh
assuming

the
for

iiutiun
continuous

ement
consideration

is

in

effect

Term

through

June

30

2011

and
for

taking the five of

into

the

deferred

compensation 1998

previously Junc

earned

by Employee
aggregate

12

month periods from July

2003

in the

amount

6300000

addition
for

to

the base

compensation
periods both
in

payable the

arh

this

see

the three

12month
serves

Tcmt July
and

3h

to

June

30 2006
the

during provided
the

which

Employee

Head

Coach

General Manager
for

of

Team
of

Employee
during from
all

actually

performs

personal

services

CoaCh
attitled

Team

of each bonus
as

of such
for the follows

NBA
NBA

Playoff Playoff

Rounds
Rounds

eh

the Club

will

be

to receive
in

Club

in which

the Team

advances

each

seas
rQ Round
Western Western

Conference Conference
Finals

iQnal
Finals

NBA

Winning

NBA

Champinnship

000 000 000 000
Employee would be
as entitled to

For

example

if

the

Club advances

to

the

NBA

Finals

1125000
during
all

provided
four

loye
Playoff
in this

actually In

performs addition

services

for the Club

Head

Coach
that

NBA

Rounds

hereby acknowledges
lieu

the bonuses

reflected

are in

of any

yQe iws

shared

among

players and

coaches

of the

Team

In the event

any games

are canceled

in

any

NBA

scason during
relating

the

nQi
the

of this Agreement National

due

to

NBAdirected

lockout

or other

work

stoppace

to

Basketball

Players

Association

the

Clubs be

obligation
in

to

provide with

compensation

as

provided

in

this

shall

conformity

003

lionh DA
other

policies

and

practices
if

majority during the

or

if

no

jcd

then

plurality of

sh
compensation

ft example
to their

Term

mQ
provide
full

head

rh
event

ttajoty of other

BA

rQn
period or

during

on July
relating

and

during

such

work
pay

egch
full

to

the

National

aQ
period
in the or

games are

rQ
is

twelvemonth due
to

out
will to

Players Association

the Club not

also

compensation
as result

to

Employee
of lockout

Employee
stoppage

entitled

as
amount lockout
the

compensation

othcr
his

work

relating

to

the

National

Players
to

Association

Employee have been

at

option
to

may borrow
receive had

from

the

Club an no
such In

equal

what

he

would
less

entitled

thcre from

been

or work

ov
Club

toye
with written
to

stoppage

any compensation
obtain such before and
the

he actually the

received

the

Club

to

loan from

Club Employee
the

must

provide or

the

notice

on

or

30 days

from the date
interest

lockout and

work
in

stoppage

ceases

exist

All principal

redh
interest

wilt be

due
to

payable then

one year from the date prime
wilt rate as

of the loan

and

rate

shall

be equal
All

the

current

quoted

by Bank of America by the Club and
as set

Dallas
forth in

Texas

other terms note

of the loan

be

as determined

promissory

which Employee

will

required

to

execute

The
provisions
in

provisions

in

this

replace

the

compensation

the Agreement

osh
club memberships
the

obligation

provide
to

benefits

it luxury
spouse

cars
as set

country
forth it

medical

insurance

etc

Employee

andorbis

Agreement

shall

continue

from the Amendment Effective
obligations
to

Date and expire on June
any
beneftts to

30

2006 andor
June

Thereafter

the Club shall have

provide

Employte
through

his

spouse

During the waives

12month
the right
to

period

th
in arty

Term

July
all

20O

30 2011 Employee
programs

participate

any and and
all

employee benefit
the

plans

or arrangements and

agrees

to

execute

documents

Club

deems

asary
provider

to

effect

such

waiver

To

the extent

permitted

by the Clubs medical

insurance

and

applicable

law Employee
plan

and

his

may
Employee

participate

in

the

sh

then

current

insurance

provided

agrees

to

pay

any

iort2J
deductions

os
from

associated

with

his

or their

ar
incurred
in

in

such plan through

payroll

Employees

salary

During
through June

the three

full

mon rQ

in

the

Term
the

Iuly Term

2003
for

30 2006

the

Club aiau

iburs

plo
by him

during
in

41

appropriately

documented expenses Club hereunder
tie vet

reasonably

the performance

of

uf
duties for rate

the

which

are approved
shall

advance

by

the

Club

except
to

that

for

days

Employee

be paid
and

th

diem amount tqual
coaches exclusive

the pet diem lodging After June
related

paid

to

each

of the Teams
in lieu

players

other

of

airground

transportation

of making

6h
expenses replaces

eh Club

shalt

have

unless otherwise

app
is

no

oU
in

sp
to

expense

reimbursements Employee
for any This

rQsch
by

Club

writing

ih Club

the

rQtt
the contact
in

The
communications

following
to

information with

for

all

notices

and

addxtued

the

Club

accordance

of

the

Mr
5424

Mark Cuban
Deloache Avenue

Dallas Texas 75220

It
Mt
5424 Deloacho Hart Avenue 15220

aQs Texas
Employee
that

and

La ul
as they
the

agrees

he

shall

be bound

nd

governed

by

the

Constitutipu Basketball

regulations be

esolutions

and

ments
front

of the National

ionh

modified

or amended

time to time

This krnendmenl
with Laws

shall

be

governed

and

construed executed

in

accordance

of the

State

of

Texas

reiating

to

agreements

and

entirely

DN0035

performed such state

in

state

and Employee
that

hereby

consents

to

the

jurisdiction

of the courts of
concerning
the

the event or enforcement
in

ny

iQc
Amendment
exclusive

instituted

interpretation

of this

venue

over

such proceedings

shall

be vested

courts

sitting

in Dallas

SSh
agree
the that

The
parties

rQ
with the

further

any

and

lh disputes

between under
this

concerning

this

Amendment
Agreement

andfor

Agreement
related to

the performance the
short

iucQi
be submitted
to

the

or otherwica

partS

relationship

shall

arbitration

JAMSEndispute
parties
in

under

int

submission or as

otherwise

agreed
rcticf

to

between
court

Dallas

County ni

eQs
arbitration

The by

seeking

of

equitable
shall

from

of law pending
to

the

institution

either patty
to arbitrate

not be

deemed

or considered

be

waiver

of the panic

agreement

their

ll provisions
and are applicable

of the Agreement
to

not aznendedby and

this

Amendment remain
of

in force
this

also

the

new

duties

responsibilities

Employee

under

ment
IN WITNESS
day of

IQ

the

pasties

have

executed

this

Amendment on

the

to

be

effective

as

Iyh

EMPLOYEE

DALLAS BASKETBALL
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