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EXHIBIT 10.34
September 12, 1997
Xx. Xxxxx Xxxxx
Mountaingate Productions LLC
0000 Xxxxxxxx Xxxx., Xxxxx 000
Xxxxxxx Xxxxx, XX 00000
Re: AMENDMENT TO AGREEMENT
Dear Xx. Xxxxx:
Reference is hereby made to the certain agreement by and among THE
PRODUCERS ENTERTAINMENT GROUP LTD. (the "Company"), a Delaware corporation, and
MOUNTAINGATE PRODUCTIONS, LLC ("MOUNTAINGATE") F/S/O XXXXX XXXXX ("EMPLOYEE")
and others, dated as of the 1st day of October, 1995 (the "Agreement").
The parties hereby amend the Agreement to provide the following:
The Term of this Agreement shall be and is extended through June 30, 2002.
All other terms and conditions shall remain in full force and effect
unless and until modified in writing and signed by the parties.
If the aforementioned is agreed and accepted, please acknowledge same by
executing as indicated below.
Sincerely, ACCEPTED & AGREED:
THE PRODUCERS ENTERTAINMENT MOUNTAINGATE PRODS., LLC
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GROUP LTD.
BY:_____________________
ITS:____________________
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By: Xxxxxx X. Xxxxxxxxx
Its: Senior Vice President
PERSONAL INDUCEMENT LETTER
In order to induce THE PRODUCERS ENTERTAINMENT GROUP LTD. ("Company") to
enter into the agreement ("the Agreement") dated as of October 1, 1995, as
amended on September 12, 1997 with MOUNTAINGATE PRODUCTIONS LLC, ("Lender"), and
in consideration of the execution and delivery thereof by Company, I hereby
represent and warrant as follows:
1. I am familiar with each term and condition of the Agreement. I
hereby consent and agree to the execution and delivery of the Agreement by
Lender and hereby agree to render all of the services provided therein to be
rendered by me. I agree to be bound by and duly perform and observe each and all
of the terms and conditions of the Agreement requiring performance or compliance
on my part.
2. I hereby join in all warranties, representations, agreements and
indemnities made by Lender in the Agreement.
3. I agree that if Lender should be dissolved or should otherwise cease
to exist or, for any reason whatsoever, should fail, be unable, neglect or
refuse to duly perform and observe each and all of the terms and conditions of
the Agreement requiring performance or compliance on Lender's part, at Company's
election, I shall be deemed to be substituted as a direct party to the Agreement
by Lender.
4. I agree that, in the event of a breach or threatened breach of the
Agreement by Lender or by me, Company shall be entitled to seek legal and
equitable relief by way of injunction or otherwise against Lender or against me,
or against both Lender and me, at Company's discretion, without the necessity of
first exhausting any rights or remedies which Company may have against
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Lender.
5. All of the foregoing shall be to the same extent and with the same
force and effect as if I had agreed to render services to Company as an
employee.
6. I hereby waive any claim against Company for wages, salary or other
compensation of any kind under the Agreement, and I agree that I will look
solely to Lender for any and all compensation that I may become entitled to
receive for services rendered in connection with the Agreement.
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XXXXX XXXXX
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PERSONAL INDUCEMENT LETTER
In order to induce THE PRODUCERS ENTERTAINMENT GROUP LTD. ("Company") to
enter into the agreement ("the Agreement") dated as of October 1, 1995, as
amended on September 12, 1997 with MOUNTAINGATE PRODUCTIONS LLC, ("Lender"), and
in consideration of the execution and delivery thereof by Company, I hereby
represent and warrant as follows:
1. I am familiar with each term and condition of the Agreement. I
hereby consent and agree to the execution and delivery of the Agreement by
Lender and hereby agree to render all of the services provided therein to be
rendered by me. I agree to be bound by and duly perform and observe each and all
of the terms and conditions of the Agreement requiring performance or compliance
on my part.
2. I hereby join in all warranties, representations, agreements and
indemnities made by Lender in the Agreement.
3. I agree that if Lender should be dissolved or should otherwise cease
to exist or, for any reason whatsoever, should fail, be unable, neglect or
refuse to duly perform and observe each and all of the terms and conditions of
the Agreement requiring performance or compliance on Lender's part, at Company's
election, I shall be deemed to be substituted as a direct party to the Agreement
by Lender.
4. I agree that, in the event of a breach or threatened breach of the
Agreement by Lender or by me, Company shall be entitled to seek legal and
equitable relief by way of injunction or otherwise against Lender or against me,
or against both Lender and me, at Company's discretion, without the necessity of
first exhausting any rights or remedies which Company may have against Lender.
5. All of the foregoing shall be to the same extent and with the same
force and effect as if I had agreed to render services to Company as an
employee.
6. I hereby waive any claim against Company for wages, salary or other
compensation of any kind under the Agreement, and I agree
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that I will look solely to Lender for any and all compensation that I may become
entitled to receive for services rendered in connection with the Agreement.
--------------------------
XXXXXX XXXXX
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PERSONAL INDUCEMENT LETTER
In order to induce THE PRODUCERS ENTERTAINMENT GROUP LTD. ("Company") to
enter into the agreement ("the Agreement") dated as of October 1, 1995, as
amended on September 12, 1997 with MOUNTAINGATE PRODUCTIONS LLC, ("Lender"), and
in consideration of the execution and delivery thereof by Company, I hereby
represent and warrant as follows:
1. I am familiar with each term and condition of the Agreement. I
hereby consent and agree to the execution and delivery of the Agreement by
Lender and hereby agree to render all of the services provided therein to be
rendered by me. I agree to be bound by and duly perform and observe each and all
of the terms and conditions of the Agreement requiring performance or compliance
on my part.
2. I hereby join in all warranties, representations, agreements and
indemnities made by Lender in the Agreement.
3. I agree that if Lender should be dissolved or should otherwise cease
to exist or, for any reason whatsoever, should fail, be unable, neglect or
refuse to duly perform and observe each and all of the terms and conditions of
the Agreement requiring performance or compliance on Lender's part, at Company's
election, I shall be deemed to be substituted as a direct party to the Agreement
by Lender.
4. I agree that, in the event of a breach or threatened breach of the
Agreement by Lender or by me, Company shall be entitled to seek legal and
equitable relief by way of injunction or otherwise against Lender or against me,
or against both Lender and me, at Company's discretion, without the necessity of
first exhausting any rights or remedies which Company may have against Lender.
5. All of the foregoing shall be to the same extent and with the same
force and effect as if I had agreed to render services to Company as an
employee.
6. I hereby waive any claim against Company for wages, salary or other
compensation of any kind under the Agreement, and I agree
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that I will look solely to Lender for any and all compensation that I may become
entitled to receive for services rendered in connection with the Agreement.
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XXXXXXXX XXXXX