[LETTERHEAD OF TELLURIAN]
The purpose of this document is to set forth in writing an agreement reached
between Tullurian and Fightertown.
1. Fightertown and Xxxxxxxxx agree to maintain the 1994 purchase order for EAGLE
image generators as is.
2. Xxxxxxxxx agrees to exchange the ten AT-200 image generators at the Lake
Forest facility with EAGLES, at no cost to Fightertown, within six weeks of the
date of this document.
3. After the purchase order, a cap of $7,500 per EAGLE will be placed on any
future Fightertown order. If it is determined that the Super EAGLE is to be
purchased, a cap of $10,000 is placed on that product. In either case,
Fightertown will receive the best pricing offered to any Tellurian customer,
regardless of volume.
4. Xxxxxxxxx agrees to assist Fightertown personnel with the installation of the
EAGLES and the building of more efficient databases. Xxx Xxxxx will spend a
minimum of 5 days completing these tasks, at Xxxxxxxxx's expense. Tellurian
represents that it has the ability to network a minimum of eight of its EAGLE
image generators without the use of the Fighternet card.
5. Tellurian will upgrade the BOP database within three months of the date
hereof to take full advantage of the EAGLE, at no cost to Fightertown. The
database will be the property of Fightertown Entertainment, Inc., and Tellurian
will be allowed to use the database for demonstration purposes only.
6. If Xxxxxxxxx is engaged to do any engineering services for Fightertown,
there will be confidentiality agreements between both parties.
7. Xxxxxxxxx will return the Silicon Graphics workstation to Fightertown.
8. Xxxxxxxxx agrees not to engage in any LBE locations that mirror the
"Fightertown method" of operating LBEs, including instruction by personnel in
flightsuits, the issuance of flight suits and helmets, the use of "FAM" flights,
the organization of training squadrons for additional tactics, and head to head
combat flying.
9. Xxxxxxxxx agrees to give Fightertown the "right of first refusal" to
participate with Tellurian in any LBE site or product in which Tellurian wishes
to utilize conventional fighter jet simulation. Fightertown's participation
could include any or all of the following: operations, manufacturing of
equipment, use of software, and use of the Fightertown name.
10. If Xxxxxxxxx receives a purchase order from Eye Wonder Studios, Xxxxxxxxx
agrees to enter into a contract with Fightertown to develop cockpits for the
location, if terms and conditions are reasonably acceptable to both parties.
11. This agreement will settle all issues with respect to the 1994 EAGLE
purchase order.
12. By virtue of this agreement, Fightertown hereby retracts the Xxxxxx letter
dated 8/19/96.
/s/ Xxxxxx Xxxxxxx /s/ Stu French
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Fightertown Tellurian
Xxxxxx Xxxxxxx Stu French
Date: 10/22/96 Date: 10/22/96
