Contract between M & R Investment and Harold Minsky for performances at the Dunes Hotel, July 19, 1958

1 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 A G R E E M E N T THIS AGREEMENT, made this / / *d a y o f 1958, by and be - tweer N &. R INVESTMENT GO., INC., a corporation, hereinafter referred to as ?Company", and HAROLD MINSKY, hereinafter referred to as "Minsky", WITNESSETH: WHEREAS, the Company is the operator of the Dunes Hotel, in Las Vegas, Nevada, and is desirous of presenting at such hotel a musical review, or reviews, under the supervision and direction of ,insky; and WHEREAS, the Company is desirous of procuring the services of Minsky and the use of his name; and WHEREAS, Minsky is desirous of producing musical reviews for the Company at the Dunes Hotel, Las Vegas, Nevada; NOW, THEREFORE, in consideration of the mutual prom ises and agree?ments hereinafter set forth, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto mutually promise and agree as follows: !? The term of this contract shall be for fifty-two weeks, commencing on the 26th day of June, 1958. 2. During said fifty-two week term of this agreement, and subject to the option for an additional period of fifty-two weeks granted to the Company, as hereinafter set forth, Minsky shall be retained as producer and director of the musical reviews presented at the Dunes Hotel, Las Vegas, Nevada, and shall be the exclusive producer and director of said reviews and shows, regard?le ss of whether or not the Company presents aprincipal perform er not selected by Minsky, and whether or not the title of the show or review bears the name oi "Minsky". It is further understood and agreed by and between the parties hereto that in the event the Company h ires, retains or presents a principal name perform er to be presented in any review or show produced by Minsky, tne Company must consult with Minsky with regard to the presentation, part, performance or use of said principal perform er. In the event the Company does not desire to use the name of Minsky in any show produced and directed by Minsky, as heretofore described, it is understood and agreed that Minsky shall 1 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 be and remain the producer and director of said show or review, regardless of billing given to any principal performer./ 3. Minsky's fees as producer as heretofore described shall be at the rate of Twelve Hundred and Fifty ($1250.00) Dollars per week for each week of the term of this agreement, provided, however, that if the option granted to the Company, as hereinafter set forth, is exercised, Minsky's fees as producer shall be at the rate of Seventeen Hundred and Fifty ($1750,00) Dollars per week for each week of the extended term hereof. Minsky's fees shall be payable at ; the end of each weekly period and shall not be subject to any deductions what?soever, except advances or bills owed to the Company. 4. Option is hereby granted to the Company to retain Minsky's services for an addition period of fifty-two weeks to commence at the end of die first term set forth herein, and, in the event the Company d esires to retain Minsky?s services for an additional period of fifty-two weeks, the Company shall exercise said option by giving to Minsky written notice to the effect that the Company desires to retain his services for the next succeeding fifty-two week period, and said notice must be delivered to Minsky not later than sixty days before the termination of the first term as herein set forth. In the event said option is exercised in accordance with this paragraph, all the term s and conditions of this agreement shall apply to said additional term . 5. Minsky shall devote full time and effort, as may be necessary for the organizing and rehearsing and production of the show at the Dunes Hotel, and in connection therewith shall spend whatever time is necessary at the Dunes Hotel for the proper supervision, direction and management of the show, itHbe-ing understood that Minsky 's fees shall be payable as herein provided irre sp e ct?ive of whether or not he is present at the Dunes H 'tel. / The Company shall also pay for any and all transportation charges for Minsky and his wife to anywhere in the United States of America, when such transportation is required for or connected with the production of said show. It is further understood and agreed that Minsky shall be, and he is hereby, granted the privilege of charging food and drink at the Dunes Hotel and shall not be required to reim burse the Company fo r said charges. - 2- 1 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 6. During any period of this agreement for which Minsky?s services are contracted hereunder, Minsky agrees not to engage in or otherwise aid in the presentment of any show in Clark County, Nevada, or permit the use of his name in any manner v/hatsoever in conjunction with any presentation in Clark County, Nevada. In the event that the Company does not exercise its option to extend the term of this contract in the manner and at the time herein provided, then this contract shall come to an end and none of the restrictions herein im ?posed upon Minsky shall thereafter be binding. 7. It is understood that any show produced by Minsky under the term s of this contract may bear an entitlement including the word "Minsky"; provided however, that the Company may present a show not bearing the entitlement including the word "Minsky", it being understood and agreed that Minsky shall be and remain the producer of any show not thereby entitled with the word "Minsky1, as herein provided. In the event that the Company violates or breach any of the term s of this agreement, Minsky shall have the option of directing the Company to forthwith cease and desist from the use of the name "Minsky? in conjunction with the show then being presented, and on receipt of such notice the Company shall comply therewith. 8. In the event the name of Minsky shail be used in the entitlement of any show produced by Minsky, then Minsky shall, in the organization and p re s?entment of the show, have the sole right to select all of the principals and p er?form ers required by him, subject to the right of the Company to re je ct any principal or act selected by Minsky, provided notice of such rejection is given prior to the commencement of the show. Minsky is expressly authorized, upon approval by the Company, to execute all necessary contracts for employment of acts, principals and other perform ers, expressly provided, however, that, within the lim it of the budget provided, Minsky shali have the sole and exclusive right to hire chorus g irls, and the express authority to enter into contracts of employment with them, as an authorized agent of the Company. It is understood that the amount to be expended for taieitin conjunction with the show to be p re s?ented under this agreement shali be a minimum rf $10 ,0 00 .0 0 per week, and a minimum of $10,000.00 shall be expended for any show for the purchase or - 3- 1 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 rental of costumes. It is understood that the use of the word '?talent? in this agreement is limited solely to perform ers and not to the persons engaged in conjunction with the show. 9. Minsky shall have the sole right to select a choreographer and stage manager for the show, whose compensation shall be paid for by the Company. 10. After the commencement of the show, the Company shall have no right to change the manner, presentment or nature of the show, or any right or authority to interfere with the show, or make changes therein without the approval of Minsky. 11. It is understood that any and all costs, charge , disbursements, or otherwise, in conjunction with the organization and presentment of the show shall be solely the obligation of the Company. 12. It is understood that if Minsky desires to have Charles E . Hogan assist in the presentment of the show, all compensation due and payable to him shall be payable by Minsky, except that the Company shall furnish room and board for Charles E. Hogan for a period not exceeding one week, and transportation to and from Chicago. 13. This contract or any of the rights provided for herein are not assignable or transferable by the Company by direct act on its part, or by operation of law. In the event of the appointment of a R eceiver, T rustee, or any Custodian of the Company, its business or assets, then and in such event, any and all rights to options of renewal exercisable as referred to in para?graph 6 hereof shall be extinguished. 14. All written notices required to be served or delivered under this agreement 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 may be effected personally on him, or by registered mail to his residence, as herein first stated. 15. The parties hereto acknowledge that Minsky contemplates the organization of a road show originating from Las Vegas, Nevada, and from the Dunes Hotel. In the event Minsky organizes and produces a show originating from the Dunes Hotel in Las Vegas, Nevada, the Company shall be entitled to - 4- 1 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 receive from Minsky fifty per cent. (50%) of the net profits derived from the performance of said show, providing, however, that there shall be deducted from said profits an agent's commission, if any, and a booker's commission, in the sum of five per cent. (5%) which shall be payable to Charles E . Hogan, of 203 North Wabash, Chicago, Illinois; and provided, further, that Charles L. Hogan shall be the exclusive booker for said road show. This agreement between the parties with regard to the organizing and producing of road shows, as set forth in this paragraph, shall be operative and effective only so long as the parties hereto are doing business under and within the term s of this entire agreement between the parties, and shall not be effective or operative in the event that the other agreements of the parties, as set forth herein, are for any reason no longer applicable. 16. The parties further acknowledge that the nature of the performances by the parties set forth in this Agreement requires mutual confidence and respect of the personalities who are parties to this agreem ent, and, for that reason, the Company hereby grants to Minsky the right, privilege and option to terminate this Agreement and all the term s hereof in the event that a of the D irectors of the Company, as of the date of this Agreement, are no longer in office or associated with the Company, or in the event that this agreement and its term s are for any reason assigned to a person, firm , corporation, or co-partnership in which the present D irectors of the Company are not interested, either as investors, partners or stockholders. This option shall be exclusive with Minsky, and it is understood and agreed that it is not extended ! or granted in any way to the Company. 17. It is agreed by and between the parties hereto that in the event the name "Minsky? , or the show produced by Minsky, is used by way of a photo?graphic article in writing or any other manner, as the result of which the M & R Investment Co. ,I n c ., or any of its affiliates, receives compensation of any amount, the amount of compensation so received shall be divided twenty-five j per cent. (25%) to Minsky, and seventy-five per cent. (75%) to M & R Investment C o ., In c ., or any of its affiliates. It is further understood and agreed that the use of the name "Minsky? or any reproduction by way of photograph,or otherwise, of the show produced by Minsky shall not be done without the consent of Minsky, 1 m ajority - 5- 1 2 3 4 5 6 r i i 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2 5 26 27 28 29 30 in writing first had and obtained. This paragraph includes brochures, souvenir programs, television or the use of any media for which M & R Investment C o ., In c ., or any of its affiliates, receives compensation as set forth in this paragraph, it being understood and agreed that the media mentioned herein is by way of description only and not by way of limitation. 18. This constract 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 hereunto affixed, and Minsky has hereunto set his hand the day and year first above written. M & R INVESTMENT C O ., IN C ., A1-------- TTTKt??SD' MINSKY - 6-