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Literary Agent-Subsidiary Literary Agent PRELIMINARY STATEMENT. This agreement (hereinafter, "Agreement") dated 7-20-03, sets forth the relationship between Frankie White, aka Fann Literary and Art Agent (hereinafter, "Subsidiary Literary Agent"), and The Swetky Agency & Associates (hereinafter, "Literary Agent"), known jointly as "Literary Agents." 1. LITERARY AGENT REPRESENTING AUTHOR. For the term of this agreement, Literary Agent hereby agrees: (a) To represent Author jointly and equally with Subsidiary Literary Agent for the sale of the following works (hereinafter, "Represented Works"), written or to be written by Author and not covered by a prior un-agented sale or prior agency agreement: (1) all book-length fiction written by D. J. Herda within the scope and realm of the series known as "Hymie Stiehl" and pursuant to the characters and story lines thereto; and (2) any other writings that Author and Literary Agents may jointly agree upon in the future. (b) Subject to Author's approval, to negotiate sales (hereinafter, "Represented Sales") of (1) Represented Works in the U.S., its territories, and Canada (hereinafter, "Domestic Sales"), (2) Represented Works in non-domestic markets (hereinafter, "Foreign Sales"), and (3) derivative or secondary rights in the Represented Works (such as film, TV, recording, or other dramatic media) anywhere in the world (hereinafter, "Subsidiary Sales"). (c) To receive payments and royalties from all Represented Sales as long as the contracts for such sales remain in force. Author attests that, during the term of this Contract, Author will employ no other Literary Agent to represent Author for Author's Represented Works. If it is to be acknowledged that some of Author's book-length material may be excluded from this contract because it is covered by a prior agreement with another agency, list those excluded titles here:
2. CONTRACTS. Literary Agents shall jointly use their best efforts to promote Author's Represented Works. No proposed Represented Sale shall be binding unless approved by Author in a signed contract (hereinafter, "Represented Contract"). Author may, in writing, authorize Literary Agents jointly to sign contracts on his or her behalf. 3. AGENT'S COMMISSION. Literary Agent shall be entitled to a commission (hereinafter, "Agent's Commission") equal to seven-and-a-half (7.5) percent of all Domestic Sales, ten (10) percent of all Foreign Sales, and ten (10) percent of all Subsidiary Sales; Subsidiary Literary Agent shall be entitled to am equal commission (hereinafter, "Subsidiary Literary Agent's Commission") equal to seven-and-a-half (7.5) percent of all Domestic Sales, ten (10) percent of all Foreign Sales, and ten (10) percent of Subsidiary Sales 4. SUBSIDIARY RIGHTS. Subject to Author's reasonable consent, Literary Agents shall jointly engage all subsidiary or co-agents whom Literary Agent believes best represent Author in Foreign Sales and Film and Television Sales. 5. EXPENSES BORNE BY LITERARY AGENT. From Literary Agents' joint Commissions, Literary Agents shall jointly pay (a) all subsidiary or split commissions required by foreign or subsidiary agents, and (b) such other costs including, but not limited to, telephone calls, postage expenses, shipping costs, shipping insurance expenses, printing and photocopying costs, and any other normal costs of conducting business as a Literary Agent. Literary Agents shall not jointly be reimbursed for such normal costs of conducting business and need not account for them to Author. Any costs above and beyond normal costs of conducting business shall be approved in writing by both Author and Literary Agents. Literary Agents shall be reimbursed by Author for any specific expenses incurred only if listed under an "Amendment to Expenses Borne by Literary Agents." 6. DISBURSEMENTS. On behalf of Author, Literary Agent shall collect all payments due Author under any Represented Contract ("Author's Payments") and shall, within fifteen days of the funds clearing, disburse the amount of such Author's Payments as follows: to Subsidiary Literary Agent as specified above; to Author, less any Literary Agents' joint Commissions and less any mutually approved expense charges. 7. STATEMENTS. In January of each year, Literary Agent shall provide Author with an annual statement showing all Author's Payments, Agents' joint Commissions, and other itemized deductions for the previous calendar year. 8. NOTICES. Literary Agents and Author shall promptly send each other copies of (a) any legal notice under any Represented Contract, (b) any important communication from any publisher under any Represented Contract, and any material correspondence. 9. TERM. This contract shall remain in force for a minimum of twelve (12) months from the date of execution and shall be automatically renewed indefinitely following that period of time, subject to the following: (a) this contract may be terminated voluntarily for any reason by any party upon thirty (30) days' prior written notice to the other, detailing causes for termination, sent via certified mail, return receipt requested, to the addresses below: If to Literary Agent, at The Swetky Agency, 2150 Balboa Way No. 29, St. George, Utah 84770. It to Subsidiary Literary Agent, at Subsidiary Literary Agent's address: _____________________ ___________________________________________________________________________ If to Author, at author's address: _________________________________________ __________________________________________________________________ or at such other address as parties may designate in writing. After termination, Literary Agent shall continue to administer Represented Contracts which Literary Agents negotiated while this Contract was in force; retain Agent's Commission on those Represented Contracts; and forward Subsidiary Literary Agent's commission to the address above or as indicated in writing. Literary Agents may jointly or individually make no further sales of the Represented Works following termination of this agreement. 10. CONTACTS. Mail sent to Author in care of Literary Agents may be opened by the Literary Agents and dealt with, unless it is apparently of a personal nature, in which case Literary Agents shall forward it to the Author promptly. When Author is approached directly by any party interested in Author's Represented Works, Author shall inform Literary Agent immediately and refer the party to Literary Agent and/or Subsidiary Literary Agent, as appropriate. 11. AMENDMENT. This Agreement contains the entire agreement between the parties hereto. It supersedes any prior agreement and may be amended in writing by mutual consent. This agreement may not be assigned by either party without the written consent of the other. In the event that Literary Agent or Subsidiary Literary Agent dies, leaves the agency business, or commits a substantial breach of this agreement, Author or his heirs and assigns may revoke all rights granted to Literary Agents hereunder. ______________________ Author ______________ Date ______________________Subsidiary Literary Agent ______________ Date ______________________Literary Agent ______________ Date Agency Contract Revised 07-20-03 - AAC |