Contract between M & R Investment and Harold Minsky for performances at the Dunes Hotel, June 1, 1957

Between* And: THIB AOBSSMBHI, Made th is 1st day of June 1957, By and m & a i t m & m i m 00., IBC., a Corporation. Hereinafter referred to a? the ?Company", HAROLD M insky ReSiding at 28 Florence Place, in the Town of West Or tinge, in the County of Bsaex, and '?tat? of New Jersey, H ereinafter referred to as ?Minsky?, ? the Company is the operator of the Dunes Hotel in Lao Vegas, Isva&a, and is desirous o f presenting at such hotel a musical review or reviews under the d ire c tio n o f ninety? and ft'ii&HLAS, the Company is desirous o f procuring the s e r v i?ces o f Hlnafcy end the use o f has name? and IMREAS, Minsfcy is desirous o f producing musical reviews fo r the Company at the Dunes H otel, .las Vegas, Nevada, sow, lEHSESyCRK, in consideration of the mutual obligation^ herein undertaken, and in further consideration of the sum of On? ( 'l l ,00} D ollar to each other in hand paid, 11 IS AGHSEl *5 POLLQ.& a 1, The term of this Contract is divided into six equal periods of s ix months each, The f i r s t of said periods sh ell com?mence between ^ngasx 22nd and September 19, 1957* %e exact date s a i l be the f i r s t day on which the musical review, presented under the supervision of Minsky, opens at the Dunes hotel in La? Vegas, Nevada. Said opening date sh 11 be determined by virtue of a notice to be served on ??ins y on or before July 17, 1957, w erein the Company sh a ll state the sp ec ific date of opening, hack of the fiv e succeeding six-month period? s'h&ll commence ohrozia-lo g ic a lly at the expiration of the preceding six-month period. It is understood that the opening date sh all immediately follow the Larry Steele show, and, i f said L&rry Steele show i s , fo r any reasojn, terminated befo re it s expected run, i t is agreed that t e Company may schedule an intervening show not in excess of fo u r weeks d u ra tio n . 2. During each of the sa id six-month p erio d s, and sub?je c t to the option granted to the Company as h e re in a fte r stated as to a l l six-month p erio d s, except the f i i s t , Minsky s h a ll he retain ed as producer of the musical reviews fo r a minimum period o f eigh t weeks and fo r such immediately succeeding period as the m usical review then being presented under hia su pervision s h a ll be continued to be presented. The rig h t to continue the musical review f o r a period in excess o f eigh t v^eeka s h a ll be at the optic# o f the Company, provided that during the f i r s t fou r weeks o f any such eight-week period the Company g ives Kinsky a w ritten notice s ta tin g whether or not i t d e sire s to continue to present the show beyond said eight-week p eriod , and s ta tin g the a d d itio n al period I t d esires to have the show presented. The a d d itio n a l period must immediately succeed the eight-week p eriod. M in a lxy'a fe e , as pro?ducer, s h a ll be at the rate o f *2,500#00 per week fo r each week that the musical review prepared and under h is supervision is p re?sented (su b je c t to the eD ht-week minimum) during the f i r s t two six-month periods? $5,000.00 per week during the th ird and fourth six-month period? and $3*500.00 per week during the f i f t h and six th six-month p eriod . Minsky1s fees s h a ll be payable at the end o f each weekly period and s h a ll not be su bje c t to any deduc?tion s whatsoever, except advances or b i l l s owed to the Company. 3, It i s understood that the reten tion of Minakyte services fo r the second, th ird , fo u rth , f i f t h and s ix th monthly periods are at the option o f the Company, and said option s h a ll be exercised by the Company on g iv in g to Minsky a w ritten n otice to the effect that the Company d esire s to re ta in h is se rvic e s fear the next succeeding six-month p erio d , and must be d elivered to him not la t e r than the term ination date o f Minsky's next preceding show and p r io r to the - 2- commencement date of said term, ??aid n otice must state the date on which the Company d esires to have the new show open during said succeeding six-month p eriod , ihe date set fo r the opening of the show in said notice cannot be le s s than two months from the date of the service of said n o tic e . F ailu re on the part of the Company to exercise i t s option as to any such period s h a ll extin guish it s rig h t of option to a l l succeeding option p e rio d s. It is understood that no option e x is ts as to the f i r s t six-month p eriod , and, as to such period, both p a rtie s hereto are f u lly obligated in accord?ance with the terms h ere o f. 4. ->-insky s h a ll devote such time and e ff o r t as may ?necessary fo r the organising and rehearsing of the show, and, in confection therew ith, s h a ll spend whatever time is necessary a t the hunes Hotel commencing with the date of the opening of the show, and th e re a fte r, i f necessary, fo r the proper su pervision , d ire c tio n and management o f the show, it. being understood that Minsky's fees s h a ll be payable as herein provided, irre sp e c tiv e of whether or not he is present a t the Dunes H o tel, 'fhe Company s h a ll a ls o pay f o r any and a l l tran sportation charges fo r Minsky r.nd his w ife to the ?dunes Hotel, and s h a ll fu rn ish room and board at the Hotel fo r Minsky and his w ife fo r such period as -my be required during or before the presentment o f the show. 5? -?hiring any six-month period fo r which M insky's s e rv i?ces are contracted under the te rss of th is Agreement, Minsky agrees not to engage in , or otherwise aid in , the presentment of any show in Clark County, Nevada, nor permit the use of h is name in any man?n er whatsoever in conjunction w ith any presentation in said Clark County. In the event that the ^omoany does ot exercise it s option to renew this Contract f o r any succeeding six-month period in the manner and at the time herein provided, then this Contract 3h a ll come to an end, and none of the re s tric tio n s herein imposed upon ^inaky s h a ll th erea fter be binding. - 3- 6. I t ia understood that any show produced by Minsky under the tern's of th is Contract s h e ll bear an entitlem ent includ?ing the word "MINSKY", and the Company agrees that under no c i r ?cumstances or conditions w i l l i t use the name o f "MIKSKY? by i t s e l f or in conjunction with oth ->r words in any manner whatsoever in r e ?la t io n to any show oth r than those speoi , ic a lly produced by ?Minsky undar the terms o f th is Contract, except with the consent of Minsky, io r, i f Husky f e l l s to perform under the terms o f th is Contract, then the Company stay produce i t s own shows and use the name "MINSKY", su b je c t, however, to a l l o f the terms of this Agreement* In the event that the Company viol!--tea or breaches any o f the terms of th is Contract, Minsky s h a ll have the option o f d ire c tin g the Company to forthw ith cease and d e s is t from the use o f the name in conjunction w ith the show then being presented, and, on re c e ip t of such n otice, the Company ana11 comply therew ith. 7. Minsky s h a ll, in the organisation and presentment the show, have the sole rig h t to se le c t a l l of the p rin c ip a ls and performers required by him, su bject to the r ig h t of the Company to r e je c t any p rin c ip a l or act selected by Minsky, provided notice of such re je c tio n is given p rio r to the commencement of the shew. Minsky is exp ressly authorised, upon approval by the Company, to execute a l l necessary contracts fo r employment o f a c ts, p rin c ip a ls and other perCorners, expressly provided, however, that w ith in the lim it of the budget provided, Minsky s h a ll have the so le and e x - e lu siv e rig h t to h ire chorus g i r l s and the express au th ority to enter into contracts of employment with them as an authorised agent of the Company. I t Is understood that the amount to be expended fo r talen t in conjunction w ith the show to be presented under th is Contract s t a l l be approximately $10,000*00 per week, and approxi?mately $10,000,00 s h a ll be exnended fo r any such show f o r tie pur?chase (or re n tal fo r a period of eigh t weeks) o f costumes. I t is - 4- II understood that the uae o f the word ?t a le n t ? In this Agreement is lim ited s o le ly to performers and not other persons engaged in con?junction with the show. 8. H u sk y s h a ll have t e sole rig h t to se le c t a choreographer fo r the show, whose compensation w i . 1 he paid by the Company, n d a company manager, whose compensation to the extent o f 1100.00 per week s h a ll he paid by the Company, and any excess above th at, by Minsky. 9. A ft e r the commencement o f the show, the Company s h a ll have no r ig h t to change the manner, presentment or nature of the show, or any rig h t or auth ority to in te rfe re with the show, or make any changes therein without the approval o f Etnaky. 10. I t is understood that any and a l l costs, charges, d is ?bursements, or otherwise, in conjunction w ith the organization and presentment o f the show s h a ll be s o le ly the o b lig a tio n of the Company, except and only to the extent as provi ?d in para?graphs 8 and 12 h ereof. 11. Wherever transportation is to be provided fo r by the Company, i t is understood that same w t l] be only on scheduled a ir lin e se rv ic e , 12. It is understood that i f Minsky d esire s to have Charles B. Hogan a s s is t in the presentment o f the show, a l l compensation due and payable to him s h a ll be payable by Minsky, except that the Company s a l l fu rn ish room end beard fo r Charles E. Hogan f o r a period not exceeding one week, and tran sp ortation tom d from Chicago. 13. This Contract or any o f the rig h ts provided f o r herein are not assign able or tra n sfe ra b le by the Company by d ire c t act on i t s p a rt, or by operation o f law . In the event -5 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1 JONES, WIENER & JONES A T T O R N E Y S A T L A W W I E N E R - J O N E S B U I L D I N G 2 3 0 S O U T H F I F T H ST. L A S V E G A S . N E V A D A of the appointment of a Receiver, Trustee, or any Custodian of the Company, its business or assets, then and in such event, any and ail rights to options of renewal exercisable as referred to in paragraph 3 hereof shall be extinguished 14. Ail written notices required to be served or delivered under this Agreem ent shall, as to the Company, be personally served on any officer of the Company, or sent by registered mail to the Company at the Dunes Hotel, Las Vegas, Nevada; and as to Minsky, service m aybe effected personally on him, or by registered mail to his residence, as herein first stated. 15, This Contract supersedes and makes null and void any and all written Agreements, if any, heretofore in existence between the parties. IN WITNESS- WHEREOF, the Company has caused these presents to be signed by its proper and authorized officers, and caused its corporate seal to be hereto affixed, and Minsky has hereunto set his hand and seal, the day and year first above written. M l F INVESTMENT CO. 0 INCt ATTEST: [ h i 'Secretary? - 6-