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EXHIBIT 10.14
EMPLOYMENT AGREEMENT
OF
XXX X. XXXXXX
THIS AGREEMENT, made this 29 day of August, 1997, by and between THE
ORLANDO PREDATORS ENTERTAINMENT, INC., a Florida corporation, hereinafter
called the "Company", and XXX X. XXXXXX, hereafter called "GRUDEN".
W I T N E S S E T H:
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WHEREAS, the Company, pursuant to the terms of a geographically exclusive
license agreement with Arena Football League, Inc., an Illinois corporation,
shall operate and manage the Orlando Predators (the "Team"), an Arena Football
Team in the Orlando area during the arena football league season (the "Season")
of the Arena Indoor Football League(TM)(the "League");
WHEREAS, the Company desires to contract with Gruden and Gruden desires to
contract with the Company to serve as Head Coach of the Team; and
WHEREAS, the parties realize that it is in the best interest of both the
Company and Gruden that they enter into this Agreement to set forth the terms
and conditions of Gruden's employment with the Company.
NOW, THEREFORE, in consideration of the premises and of the mutual
premises herein contained, the parties hereto agree as follows:
1. EMPLOYMENT. Gruden shall be employed as Head Coach of the team, at
the salary and upon the terms and conditions set forth in this Agreement.
2. TERM. The effective date of this Agreement shall be September 1,
1997, and it shall continue in force and effect for until September 30, 2000.
The term of Gruden's employment as head coach may be extended at the option of
the Company for three additional periods of one Contract Year each beginning
October 1, 2000. Under the terms and condition as specified herein, if Company
notifies Gruden in writing of such an extension within two (2) weeks after the
final game (including any playoff game) in which the Team participates in each
respective season beginning in the year 2000.
3. DUTIES. Gruden shall be responsible for the management of the player
and football team development and coaching of the Team during and for the
Season and thereafter until the expiration of this Agreement. In pursuance
thereof, and with the advice and consultation and subject to the superseding
powers, of the Company, Gruden shall:
A. Supervise and manage the coaching staff of the Team on behalf of the
Company;
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B. Participate, if requested by the Company, in the business of the
football operations of the Team and the League.
C. Scout, train and select players for the Team in accordance with the
provisions of the current Team Management Agreement in effect with the League
and Arena Football League, Inc. and such standards, rules and regulations as the
League, Arena Football League, Inc. and the Company shall develop and apply to
the football operations of the Team;
D. Participate and cooperate in the operation of such League tryout and
training camps as may be conducted on a League-wide basis;
E. Participate and cooperate in such player assignments, transfers
exchanges trades, acquisitions and releases as may be required by the Company;
F. Perform all the necessary and customary duties of the Head Coach of a
professional sports team, including the development of game strategies, player
performance standards, play preparation, and the performance, or supervision of
the performance of all matters relating to game preparation and play;
G. Supervise player conduct and demeanor, and impose such reasonable
disciplinary manners and sanctions as may be necessary to maintain appropriate
player conduct and demeanor, subject to the rules, limitations and standards
which may be developed and imposed by the Company.
H. Participate and assist, if requested by the Company, in the
development and maintenance of effective public relations with the national and
local print, radio and television media, and project and promote a positive and
enthusiastic attitude concerning Arena Football, the Company, the league and the
Team;
I. Cooperate with the Team and the Company in such promotional activities
of the Company, the League and the Team as may be reasonably required, including
but not limited to personal appearances, radio, television and print interviews,
autograph sessions and the like;
J. Appear, at the request of the Company and upon mutually agreeable
term, as host or guest on any Team or Company sponsored local or national radio
or television broadcast upon mutually agreeable terms;
X. Xxxxx to the Company (and Gruden hereby so grants to the Company) the
right to use Gruden's name, portrait, and picture likeness and game or practice
performance in all exhibitions, descriptions and representations of the football
games of the Team or the field, or by radio broadcast, telecast, motion
pictures, videotape photograph or any other media, in connection with any and
all promotional advertising or trade purposes of the Company and/or Team;
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L. Perform such other duties or expand, reduce or otherwise alter the
role, title and scope of the duties herein described, as may be reasonably
required by the Company to provide for the successful development of Arena
Football, the Company, the League and the Team.
4. DEVOTION FULL-TIME TO SERVICE OF THE COMPANY. Gruden agrees to devote
his full time to the business of the Company and he shall not engage in or carry
on or be employed by, directly or indirectly, and other business or profession
without the consent of the Company.
5. COMPENSATION. The Company shall pay Gruden, and Gruden shall accept
from the Company, in full payment for Gruden services under this Agreement, as
follows:
A. SALARY. The gross salary before deductions payable by the
Company to Gruden during the first Contract Year of this Agreement shall be
SEVENTY THOUSAND AND NO/100 DOLLARS ($70,000.00); during the second Contract
Year SEVENTY-FIVE THOUSAND AND NO/100 DOLLARS AND NO/100 ($75,000.00); and
during the third Contract year EIGHTY-THOUSAND DOLLARS AND NO/100 ($80,000.00).
Payments shall be made bi-weekly.
B. BONUS. Gruden shall be entitled to receive a bonus of TWO
THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($2,500.00) for each League Playoff
Game in which the Team participates, and an additional TWO THOUSAND FIVE
HUNDRED AND NO/100 DOLLARS ($2,500.00) for each such League Playoff Game which
is played in Orlando as a "home" game, payable in the customary payroll
following each such game. Gruden shall be entitled to receive and additional
bonus of FIVE THOUSAND AND NO/100 DOLLARS ($5,000.00) in the event the Team wins
the Arena Football League Championship. The total of all bonuses which could be
earned by Gruden shall not exceed $20,000 in any Contract Year.
C. INSURANCE. Gruden shall receive in accordance with an insurance
program to be instituted by the Company, major medical insurance for Gruden and
Gruden's spouse. the Company shall pay 50% and Gruden shall pay 50% of the
premiums of said insurance plan. The Company shall pay, if available through a
group, 50% of the premiums for, a life insurance policy insuring the life of
Gruden.
D. STOCK OPTION. Gruden shall be granted an option to purchase
Fifteen Thousand (15,000) shares of common stock of Company, which option shall
vest in the amount of one-third (1/3) of such option shares after Gruden's
completion of each full Contract Year. The option price shall be the market
value of the stock per share as of September 1, 1997. If a controlling interest
in the Club is sold by its present owners. Gruden's option shares shall
automatically vest fully and become exercisable at that point.
E. SALARY IN OPTION PERIODS. In the event that the Company exercises
its options set forth in paragraph 2 above to extend the term of this Agreement,
Gruden shall be entitled to receive the following base salary: 2000-01 season --
$85,000; 2001-02 -- season $90,000; 2002-03 -- $95,000.
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6. REIMBURSABLE EXPENSES. A. The Company may reimburse Gruden for
reasonable and necessary expenses incurred by Gruden in furtherance of the
business and affairs of the Team and the Company but only in the event an
expense reimbursement policy is adopted by the Company, and only in the amounts
allowed by the Company's budget levels and only with pre-approval for such
expenses according to the Company's rules and regulations for such expenses.
Such reimbursement shall be made as soon as reasonable practicable after such
expenditures are made, against presentation of signed and itemized expense
reports and in accordance with the travel and business policies which the
Company may promulgate.
B. Company shall reimburse the reasonable moving expenses of Gruden
from the Nashville, Tennessee area to Orlando, Florida.
C. Company agrees to reimburse Gruden for the difference, if any,
between the cost of his residence in Nashville, Tennessee, and the ultimate
amount he receives from its sale in a bona fide sale transaction to an unrelated
third party if such amount is less than the cost.
D. Company agrees to reimburse Gruden for the reasonable rental
expense he incurs in renting a residence in the Orlando, Florida area until his
residence in Nashville, Tennessee is sold, provided that Company's
responsibility for such reimbursement shall not exceed the period of one year.
7. TRAVELING EXPENSE. Gruden and Gruden's wife will be paid by the Team
all airline and room costs incurred while attending an "away" Orlando Predator
game.
8. USE OF VEHICLE. In the event (but only in the event) that pursuant to
the terms of a sponsorship or advertising agreement approved by the Company, a
sufficient number of automobiles are made available for use by the Team, Gruden
shall be entitled to the use of one such automobile; provided however, that such
automobile shall first be made available for any reasonable business use by the
Team, and for Gruden's personal use only as and to the extent that such
reasonable business use is not required.
9. OTHER BENEFITS. Gruden shall be entitled to those usual and customary
benefits which shall be offered by the League to the Head Coach for all other
League teams. Without limiting the foregoing, such benefits may include major
medical health insurance, worker's compensation, and group life insurance,
disability insurance and related benefits as and when such benefit packages are
developed for League employees. In addition, Gruden shall be entitled to three
(3) weeks of vacation time per year, after the completion of one year's service,
without interruptions or reduction of any salary payments or other benefits
otherwise due pursuant to the terms of this Agreement; provided however, that
Gruden shall give reasonable prior notice to the Company of any period during
which Gruden shall be absent due to vacation, and shall arrange for the
effective performance of his duties and obligations during any such absence and
provided further, that Gruden shall not schedule any vacation period so as to
adversely affect the football operations of the Team. Vacation time to which
Gruden is entitled, but which
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remains unused at the conclusion of this Agreement, shall not accumulate or
accrue but shall be deemed to be waived by Gruden.
10. LIMITATION ON AUTHORITY. Gruden shall have no authority:
A. To pledge the credit of the Company;
B. To bind the Company under any contract, agreement, note,
mortgage or otherwise;
C. To release or discharge any debt due the Company;
D. To sell, mortgage, transfer, or otherwise dispose of any assets
of the Company.
11. DEATH OF GRUDEN - SALARY CONTINUATION. In the event Gruden should die
prior to the termination of his employment, the Company shall pay, by reason of
death of Gruden and as additional compensation for the services rendered to the
Company by Gruden during his lifetime, his regular salary for the month in which
his death occurred, plus any and all Life Insurance provided by Team's employee
benefits package.
12. TRADE SECRETS; PROPRIETARY INFORMATION. In the course and scope of
this Agreement, Gruden will be exposed to certain trade secrets, sensitive
financial data, sources of supply, product specifications and other confidential
information concerning the business of the Company which require protection.
Gruden understands that, among other things, methods of operation, sensitive
financial and business information concerning players, other persons and
entities affiliated or doing business with the Company scouting reports, playing
strategies, and the nature or extent of research projects being conducted or
contemplated by or on behalf of the Company, are all confidential, and are not
at any time during or after the term of this Agreement to be revealed to or used
for any reason, by anyone outside the Company, without the Company's specific,
written authorization. Gruden further agrees that he will not indulge or
otherwise commercialize such confidential information, so long as the
confidential or secret nature of such information shall remain, whether such
information belongs to the Company or to some other entity to which the Company
owes or may be held to owe some obligation of confidentiality or to anyone
outside the Company, including, but not limited to, competitors of the Company
or businesses engaged in business similar to that of the Company. On the
termination of this Agreement, Gruden shall not take from the premises of the
Team or from the Company or otherwise retain, and shall surrender to the
Company, any such confidential information and any records, files or other
documents, or copies thereof, relating to the business of affairs of the
Company.
In the event of a breach or threatened breach by Gruden of the provisions
of this Section, the Company shall be entitled to an injunction restraining
Gruden from disclosing or permitting the disclosure in whole or in part of any
and all of the information set forth herein or from
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rendering any services directly or indirectly to any person, firm, corporation,
association, or other entity to whom such information, in whole or in part, has
been disclosed or is threatened to be disclosed. Nothing herein shall be
construed as prohibiting the Company from pursuing any other remedies available
to it for such breach or threatened breach, including the recovery of damages
from Gruden.
Gruden further acknowledges that the Company's source of material and its
practices and methods as such are valuable, special and unique assets of its
business, and Gruden covenants and agrees to keep all such matters secret from
all persons except authorized officers and employees of the Company. This entire
sectional shall be construed as a covenant independent of any other provision of
this Agreement, and the existence of claim or cause of action of Gruden against
the Company, whether based upon this Agreement or otherwise, shall not
constitute a defense to the enforcement by the Company of these covenants. In
the event of a breach or threatened breach of this Paragraph, the non-prevailing
party will pay the prevailing party's attorney's fees in any action brought to
enforce this provision on all trial and appellate levels.
13. COVENANT NOT TO COMPETE. Gruden agrees that during the term of this
Agreement and any extension thereof, he will not, within the United States, for
his own account or for the account of others, as an officer, director,
stockholder, owner, partner, employee, promoter, consultant, manager or
otherwise, participate in the promotion, financing, ownership operation or
management of, or assist in or carry on through a proprietorship, corporation,
partnership other form of business entity or otherwise, any business activity
directly or indirectly involved in the management or operation of any football
league, except as such league(s) shall be either operated by the Company, or
licensed to operate by the Company.
Notwithstanding the foregoing, if the term of this Agreement is extended
pursuant to Paragraph 2. above, and Gruden thereafter receives, between any
year, a written offer of employment to serve as either head coach or offensive
coordinator, of a team in the National Football League, Gruden shall have the
right to accept said offer and to terminate this Agreement if the Company fails
to notify Gruden that it will match such offer within fifteen (15) days after
the Company's receipt of a copy of such offer from Gruden. If the Company fails
to notify Gruden within said period that it will match the offer, then Gruden
shall have the right to terminate this Agreement and to accept said offer of
employment by executing such offer with ten (10) days after the Company's
failure to match the offer. If the Company matches the offer received by Gruden,
this Agreement shall be automatically amended to incorporate the terms contained
in such offer.
If any court or competent jurisdiction shall at any time deem the time
period or the extent and scope of the covenant not to compete as set forth in
this paragraph to be unreasonable or excessive, then: (i) all provisions of
this Paragraph not so deemed to be excessive shall nevertheless remain in full
force; (ii) the restrictive time period herein shall be deemed to be the
longest period permissible by law; and (iii) the scope of this covenant shall
deemed to be as
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extensive as permitted by law under the circumstances. The court in such case
shall reduce the time period and/or scope of such covenant to permissible
duration and extent.
14. STANDARDS. Gruden shall comply with Club's policies for its employees
as adopted from time to time and shall act at all times with due regard to
public convention and morals, and shall refrain from engaging in conduct,
committing any act or becoming involved in any situation or occurrence which
will bring Gruden into public disrepute, scandal, contempt or ridicule or which
justifiably prejudices or its detrimental to the Club, the Arena Football
League and/or professional football.
15. COMPLIANCE WITH RULES. Gruden hereby agrees to abide and to be legally
bound by the constitution and bylaws and rules and regulations of the Club and
the Arena Football League or successor thereto and by the decisions of the
President or Commissioner or any successor league or leagues which shall be
final, conclusive and unappealable; Gruden further agrees thereto if involved or
affected in any manner whatsoever by a decision of the Commissioner agrees to
release the Commissioner and to waive every claim he may have against the
Commissioner individually and in his official capacity and/or against the Arena
Football League and against every club in the Arena Football League and against
any director, officer and stockholder or partner of any club in the Arena
Football League for damages and for all claims and demands whatsoever arising
out of or in connection with the decision of the Commissioner.
16. TERMINATION. Gruden's employment under this Agreement may be
terminated by the Company as defined and provided below:
A. Events Causing Termination. Subject to the provisions of
Subsection B below, Gruden shall be subject to termination
immediately upon written notice after the occurrence of any of
the following events:
(i) Gruden is determined by the Company to be guilty of acts of
fraud, dishonesty, or similar misconduct;
(ii) Gruden is determined by the Company to have been negligent
in the performance of those duties required of him under this
Agreement;
(iii) Gruden is determined by the Company to have failed or
refused to fulfill the duties and responsibilities specifically
required of Gruden pursuant to the terms of this Agreement;
(iv) Gruden is determined by the Company to have used
intoxicants, stimulants, or any other substance in a manner, to
an extent, or with the effect that Gruden is impaired in the
performance of his duties hereunder;
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(v) Gruden accepts a bribe or agrees to throw or fix any Arena
Football game, or bets money or anything of value on the outcome
or score of any Arena Football game, or knowingly associates
with gamblers or gambling activity;
(vi) Gruden is convicted of a felony or misdemeanor involving
moral turpitude, or is determined by the Company to have
engaged in conduct that brings discredit to the Company, or
impairs the integrity of the League or the game of Arena
Football.
B. PROCEDURE FOR TERMINATION. Any determination by the Company to
terminate Gruden's employment under this Agreement pursuant to
this Paragraph shall require notice to Gruden at the address
provided in this Agreement.
C. CESSATION OF PAYMENTS. Upon termination of Gruden pursuant to
this Paragraph by the Company, the Company shall be under no
further obligation to Gruden except to pay to Gruden such amounts
as have been accrued up to the time of such termination. The
failure of the Company to exercise any right whether granted
pursuant to the provisions of this Paragraph hereof, under the
law or otherwise, after receiving notice or knowledge of any
breach of the Agreement by Gruden, shall not be deemed a waiver
by the Company of any subsequent breach by Gruden of a similar or
different nature.
D. ACKNOWLEDGMENT. Gruden agrees to fully accept and adhere to
all rules and regulations of the Company, as listed in the Arena
Football Rule Book and as additionally instituted presently or in
the future by the League or Arena Football League, Inc. Gruden
acknowledges and agrees that any failure to comply with those
rules and regulations could lead to Gruden being:
(i) Fined;
(ii) Suspended for a game or games; or
(iii) Dismissed by the League.
Gruden further acknowledges that all decisions regarding rules
and regulations of Arena Football fall solely with the Company,
the League and Arena Football League, Inc.
17. CHANGE OF COMPANY OR TEAM FORM. In the event that, at any time prior
to the expiration of the term of the Agreement: (i) the Company dissolves and/or
reconstitutes itself
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in a different form, structure, or manner of doing business (including, but not
limited to, a corporation or franchise association form); or (ii) the Company
sells, assigns, transfers, or otherwise conveys its right, title and interest
in the ownership, operation and/or management of the Team, then Gruden shall
nevertheless be entitled to the salary set forth in Section 5 for the remainder
of the term of this Agreement. If majority position of voting stock is sold
Gruden will have the right to entertain and accept any other offer from any
other football after the year.
18. BREACH; REMEDIES. Gruden acknowledges that a breach of any of the
covenants in this Agreement would cause irreparable harm to the Company for
which there is no adequate remedy at law. In the event of a breach or a
threatened breach of the provisions of this Agreement, the Company may seek an
injunction restraining the event or continuation of such breach. Gruden hereby
agrees and acknowledges that the covenants set forth herein, shall apply with
full force and effect regardless of when, how or why this Agreement is
terminated and whether such termination is effected by the Company or by the
parties hereto mutually. With respect to each and every breach or violation or
threatened breach or violation by Gruden or any of the covenants set forth
herein, the Company, in addition to all other remedies available at law or in
equity, shall be entitled to enjoin the commencement or continuance thereof and
may, without notice to Gruden, apply to any court of competent jurisdiction
for entry of an immediate restraining order or injunction. In addition, Gruden
agrees to immediately, upon demand, account for and pay over to the Company (i)
an amount equal to all compensation, commission, bonus, salary, gratuity, or
other remuneration of any kind directly or indirectly received by Gruden
resulting from an activity in breach or violation of any of the covenants as
set forth in this Agreement, and (ii) the amount paid by Company to Gruden's
previous employer to secure his release from a noncompetition provision of his
employment agreement with that former employer, such amounts being agreed to
constitute partial liquidation of damages in that the amount of actual damages
to be sustained by the Company on account of any such breach or violation is
not capable of measurement. The Company may pursue any of the remedies
described herein concurrently or consecutively in any order as to any such
breach or violation, and the pursuit of one of such remedies at any time will
not be deemed an election of remedies or waiver of the right to pursue any of
the other such remedies.
19. NOTICES. All notices to be given pursuant to this Agreement shall be
in writing and delivered (i) personally or (ii) by nationally recognized
overnight courier service, or (iii) by facsimile with confirmation of
receipt, or (iv) by deposit in the United States mail, postage prepaid,
registered or certified, and addressed to each respective party, as the case
may be, at the following addresses:
Club: The Orlando Predators
Entertainment, Inc.
00 Xxxxx Xxxxxx Xxxxxx, Xxxxx 000
Xxxxxxx, Xxxxxxx 00000
Attn: Mr. Xxxx Xxxxxxxxxx
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With Copy to: Lowndes, Drosdick, Doster, Xxxxxx
& Xxxx, P.A.
000 X. Xxxx Xxxxx
Xxxxxxx, Xxxxxxx 00000
Attn: Xxxxx X. Xxxxxx, Xx.
Employee: Xxx X. Xxxxxx
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Notice effected by personal delivery or by facsimile shall be effective upon
receipt. Notice effected by overnight courier service shall be effective the day
following deposit with such service, and notice by registered or certified U.S.
mail shall be effective three (3) days following the date of mailing. Any party
hereto, by notice given in accordance with this paragraph 13, may change the
address to which, or the persons or entities to whom, notices may be given. Any
notice designated for a person or entity other than a party hereto shall be
given in the same manner, but to an address reasonably designed to accommodate
delivery in due course.
20. LEAGUE APPROVAL. This contract shall be subject to the approval of
Commissioner of the Arena Football League or any successor thereto in
accordance with the constitution and bylaws and rules and regulations of the
Arena Football League or the same documents of any successor thereto.
21. DISPUTE RESOLUTION. Should any controversy, dispute or claim arise
between Club and Gruden relating to or arising out of the subject matter of this
Agreement (including termination of employment), the relationship of Club and
Gruden, or under any federal, state or local law or ordinance (including, but
not limited to, claims, demands or actions under Title VII of the Civil Rights
Act of 1964, the Age Discrimination in Employment Act, the Americans with
Disabilities Act, and all amendments to the aforementioned, as well as any
other federal, state or local statute or regulation regarding employment
discrimination), such controversy, dispute or claim shall be settled
exclusively by arbitration administered in Orlando, Florida by the American
Arbitration Association in accordance with its applicable rules, and judgment
upon the award rendered by the arbitrator may be entered in any court in
Orlando, Florida having jurisdiction thereof. The prevailing party in the
arbitration shall, in addition to such other relief as may be granted, be
entitled to a reasonable sum as and for such party's costs and expenses
incurred, including attorney's fees. Club and Gruden each agree that, except
for Club's right to injunctive relief pursuant to paragraph 18 below,
arbitration shall be the sole and exclusive remedy in the event any such
controversy, dispute or claim shall arise.
22. INJUNCTIVE RELIEF. Gruden hereby represents and acknowledges that he
has special, exceptional and unique knowledge and skill as a coach of
professional football, the loss of which cannot be estimated with any certainty
and cannot be fairly or adequately valued. Gruden therefore agrees that Club
shall have the right, apart from the dispute resolution provisions of paragraph
21 and in addition to any other right which Club may possess, (a) to enjoin him
by appropriate legal action from playing or coaching or engaging in activities
related to professional football for any person, firm, corporation or private
or public institution, whether or not related to professional or college
football, and (b) to specifically enforce Gruden's
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obligations hereunder, during the term of this Agreement. This Agreement, and
any benefits to be received pursuant to it, may not be assigned by Gruden
without the express prior written consent of Club.
23. LAW GOVERNING. This Agreement shall be deemed to have been made and
shall be governed by, construed and enforced in accordance, with the laws of the
State of Florida.
24. HEADINGS. The paragraph headings contained in this Agreement are for
reference purposes only and shall not affect in any way the meaning or
interpretation of this Agreement.
25. WAIVER. The failure at any time of any party to demand strict
performance of another party of any of the terms, covenants or conditions set
forth in this Agreement shall not be construed as a continuing waiver or
relinquishment thereof, and any party may, at any time, demand strict and
complete performance of any other party of such terms, covenants and conditions.
26. SEVERABILITY. The unenforceability or invalidity of any provision shall
not affect any other provision of this Agreement, and this Agreement shall
continue in full force and effect, and be construed and enforced as if such
provision had not been included.
27. AUTHORITY. Each party warrants and represents that it or they have the
full right, power and authority to enter into this Agreement and make the
covenants in this Agreement.
28. ASSIGNMENT. This Agreement is personal in nature as to Gruden and may
not be assigned by Gruden, but may be assigned by the Company, if so assigned,
shall inure to the benefit of and be binding upon the successor and assigns of
the Company.
29. MODIFICATION. No change or modification of this Agreement shall be
valid unless the same be in writing and signed by the parties hereto.
30. ENTIRE AGREEMENT; AMENDMENTS. This Agreement contains the entire
understanding of the parties with respect to its subject matter. This Agreement
supersedes all prior agreements and understandings between the parties with
respect to its subject matter. This Agreement may be amended only by a written
instrument duly executed by the parties. Any condition to a party's obligations
hereunder may be waived in writing by such party.
(Signatures on Next Page)
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WHEREAS, the parties hereto have hereunto caused this Agreement to be
executed on the day and year first above written.
WITNESS: "COMPANY"
/s/ [ILLEGIBLE] THE ORLANDO PREDATORS
------------------------------ ENTERTAINMENT, INC.
NAME: By: /s/ XXXX XXXXXXXXXX
------------------------- -------------------------
Xxxx Xxxxxxxxxx
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Its President
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Name: "EMPLOYEE"
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/s/ XXX X. XXXXXX
/s/ XXXXXXX X. XXXXX -------------------------
------------------------------ Xxx X. Xxxxxx
Name: Xxxxxxx X. Xxxxx
-------------------------
------------------------------
NAME:
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