COMMISSION SHARE AGREEMENT
THIS AGREEMENT is made the 02/07/2020 between
CLUB ATLÉTICO TELLERES
(“CAT”)
And
ALESSANDRO AGAPIT MASANGU MWETAMINWA FA Registered Intermediary No. IMS004061
POSITIVA GLOBAL SPORTS LTD POSITIVA GLOBAL SPORTS LTD,20-22 WENLOCK ROAD, LONDON N1 7GU & (“PGS”)
AND :
Nahuel Martín Ruiz
(‘NMR”)
D.O.B
WHEREAS
1) CAT agrees to provide an agent commission fee equal to 10% of the total gross value transfer fee for the Sell of NAHUEL LAUTARO BUSTOS payable to PGS in respect to assisting CLUB ATLÉTICO TELLERES in a successful negotiation of the transfer (defined below) on the terms and conditions of this Agreement.
IT IS HEREBY AGREED
The following definitions shall apply to this Agreement:
- “Football Club” means ANY POTENTIAL professional football club
- “AGENT COMMISSION AGREEMENT”
- “PGS Share” means (33.3%) AND Maurizio Beni (33.3%)
C1) “NMR Share” means (33.4%)
THE ABOVE PERCENTAGES ARE IN RELATION TO THE 10% COMMISSION FEE STATED IN THE “WHEREAS 1”
- d) “Parties” means (1) PGS and (2) NMR and (3) Maurizio Beni, and “Party” shall be construed accordingly;
- e) “Player” means NAHUEL LAUTARO BUSTOS
- f) “Transfer Contract” means a successful acquisition of NAHUEL LAUTARO BUSTOS playing rights from CAT
- g) “Term” means as described in Paragraph 2;
COMMISSION SHARE
- In consideration of PGS providing its assistance to CAT in relation to the TRANSFER CONTRACT, PGS shall be entitled to the AGENT COMMISSION SHARE, PGS shall remit the NMR Share of such agent commission, fees or payments to NMR within fourteen (14) days of receipt by PGS of the same.
TERM
- The term of this Agreement shall, subject to Clauses 4 and 5 below, be from the date here of until the termination or expiry of the Representation Contract, on which date the Agreement shall terminate automatically without notice.
MISCELLANEOUS
- Either Party shall have the right to terminate this Agreement immediately if the other Party commits a material breach of any of its or his material obligations and/or warranties hereunder, and such breach or breaches has or have not been remedied (if capable of remedy) within seven (7) days of written notice to do so.
- This Agreement shall automatically terminate (with immediate effect) in the event the Representation Contract terminates (or is superseded) and PGS shall have no liability to NMR (other than in respect of any accrued fees owed to NMR at the date of termination).
- Expiry or termination of this Agreement for any reason shall be without prejudice to the rights and liabilities of either Party which have been accrued or been incurred prior to the date of expiry or termination.
- Each Party and/or its professional representatives shall be entitled to inspect and audit NMR’S records relating to the receipt of agent commission, fees and payments at any time whether during or after Term.
- Each of the Parties undertakes to the other that it will not disclose to any third party other than to its professional advisers or as required by law or as agreed in writing between the Parties any information relating to the business or affairs of the other party nor any of the contents of the provisions of this Agreement.
- The Parties hereto remain independent contractors and this Agreement shall not create, or be deemed to create, a partnership or the relationship of principal and agent, between the Parties.
- Neither Party shall be entitled to assign, license or otherwise transfer this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party.
- No waiver by either Party of any breach by the other Party of any of the terms of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach.
- This Agreement sets out the entire agreement of the Parties and supersedes all prior agreements and understandings relating to its subject matter.
- This Agreement shall, as to any of its provisions remaining to be performed in whole or in part or capable of having effect following expiry or earlier termination, remain in full force and effect despite expiry or earlier termination.
- This Agreement shall be governed by and construed and interpreted in accordance with the laws of England and Wales and the parties hereby submit to the non-exclusive jurisdiction of the courts of England and Wales.
NON-CIRCUMVENTION
The signatories of this Agreement further agree to not circumvent, avoid or bypass the other, directly or indirectly in any way with regard to dealings, including but not limited to, any specific projects, joint ventures or other transactions involving any products or services, that either may have in regard to prospective purchasers introduced or presented by either party to this Agreement. This non-circumvention shall include, but not be limited to, the terms of this Agreement, any additions, renewals, extensions, roll-over amendments, re-negotiations, new contracts, parallel contracts or agreements, or any third party assignment thereof. This non-circumvention shall remain in force for the all period of this agreement.
SIGNATURES
Signed BY: CLUB ATLÉTICO TELLERES RAPRESENTATIVE
____________________________________ Date: ____________
Printed name: _________________________________________
Signed BY: ALESSANDRO AGAPITE MASANGU MWETAMINWA “PGS”
__________________________________________ Date: ______________
Signed BY: NAHUEL MARTÍNEZ RUIZ “NMR”
_________________________________________ Date: _______________
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