> All you're doing is trying to talk me out of it and
> you're losing that battle. I keep trying to get you to get it
done so we can get the details finalized and bet/forfeiture money
deposited ASAP and so you won't chicken out after it's in there, and
with your cowardly stalling and waffling you think I'll have had
enough of your nonsense and call it off.
Of course you are ... You are looking doubly cowardly at this time.
You continue to manufacture conditions hoping I will not meet them
instead just backing out.
Just how much pussy-footing around will you go thru before discover
there's no backing out? No matter how hard you try to. There is such
a thing as dignity....even for a nerd.
> Too bad little dicky. You wanted it now it's real, and if real
hurts then it hurts. You know I'll destroy you on the court and you
and your wimpy 'pro-bowling' is about as useless as it gets when
facing someone like me. Face it--you're painted into a corner, and
all the squirming and squealing in the world won't get you out until
you're made a fool of in Minn.
More monkey boy bravado does not hide your obvious attempts to get
out of a no-win dituation.
Gee, sure doesn't look like quits now does it little dicky. It only
adds to your anxiety, but you asked for it!
Here's my first pass at an agreement. I can't wait to hear the
crying:
Without reading it yet, I'm wondering what site you pulled it from....
JOINT AGREEMENT
This Joint Operating Agreement is dated as of this 7th day of July,
2006, between Rob Singer, hereinafter called "Player1" and Dick
Mustain, hereinafter called "Player2." Player1 and Player2 are
jointly referred to as the "Players."
WHEREAS, Player1 and Player2 desire to jointly conduct "the
sporting
contest" under the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the premises and of the mutual
agreements, representations, warranties, provisions and covenants
herein, Player1 and Player2, intending to be legally bound, agree
as follows:
HAHAHA! Warranties? Covenants?? When you pull a Contract, you might
want to read thru it first before presenting it to an expert.
After reading the entire 'document' (one that has numerous
inconsistencies for the event we're planning) you left out one
important clause and inserted another that we never discussed. First,
as you've been told MANY times, there will be a forfeiture clause,
and the deadline for that is 10 June. You still haven't named the
amount to be forfeited--$25k or $40k. And the nonsense about either
of us being medically unable to proceed is pure nonsense. Suck it up
like am. Or is this more likely your way out.....
1. Summary of Agreement
From the date of this Agreement through the completion of the
sporting contest, but in no event later than July 18th, 2006, the
Players shall conduct a sporting contest as defined herein jointly
under the terms and conditions set forth herein, or as may be
subsequently agreed from time to time in writing.
This Agreement sets forth each and every term or condition of the
sporting event. No party hereto shall be liable for the payment or
performance of any debts, obligations, or liabilities of the other
party whether now owing or hereafter incurred, unless expressly
assumed in writing in this Agreement.2. Sporting Contest
1. Governance. The operations shall be governed by this agreement.
a) The Players agree to invest $40,000 into the sporting contest by
7th day of July, 2006.
b) Player2 will be responsible for reserving all facilities and
providing an escrow account for the investment.
2) Definition. The sporting contest shall consist of two separate
matches.
a) Match 1, the tennis match, consists or up to seven (7) sets of
no-
add tennis games as defined by the USTA. Each game consists of up
to
seven (7) points, the first player to win four (4) points is the
winner of that game. The first player to win six (6) games, by at
least a two game margin, is the winner of that set. In the event of
a
6-6 tie, a twelve (12) point standard tie-breaker shall be used to
determine the winner. The first player to win 4 sets is declared
the
winner of this match.
b) Match 2, the bowling match, consists of ten (10) standard
bowling
games as defined by the USBC. The Players results are the sum of
all
the games they complete. The player with the highest total score is
declared the winner of this match.3. Distributions. Net Income from operations shall be allocated as
follows:
a) Winner of Match 1, the tennis match, shall be awarded $40,000.
b) Winner of Match 2, the bowling match, shall be awarded $40,000.4. Dates. The sporting contest, as defined in 2), will be held on
the 17th day of July, 2006. The matches are held as follows:
a) Match 1 will start at 8:00AM with 15 minutes of warmup preceding
the match. Match 1 will be held at the Rochester Tennis Center,
Rochester, MN. In the event of rain, the match will be moved to the
Rochester Indoor Tennis Center.
b) Match 2 will start at 1:00PM or one hour after the tennis
match,
if that match lasts longer than 4 hours, with 15 minutes of warmup
preceding the match. Match 2 will be held at Recreation Lanes,
Rochester, MN.5. Obligations. Neither the Player1 or Player2 shall assume any
obligation of the other except as expressly agreed to in writing.
Each party shall indemnify the other against all contracts,
obligations and liabilities of the other party, accrued or
contingent, due or not due.3. General and Administrative Provisions
6. Successors and Assigns. This Agreement shall be binding upon and
shall inure to the benefit of the respective parties hereto and
their
legal successors and assigns.
7. Entire Agreement. This written Agreement contains the sole and
entire Agreement between the parties hereto and supersedes any and
all other agreements between them. The parties acknowledge and
agree
that neither of them has made any representations inducing the
execution and delivery thereof except such representations as are
specifically set forth herein, and each party acknowledges that
they
have relied upon their own judgment in entering into this
Agreement.
The parties further acknowledge that any statements or
representations that may have heretofore been made by either of
them
to the other are void and of no effect and that neither of them has
relied thereon in connection with their dealings with the other.
There are no promises, terms, conditions, or obligations other than
those contained herein; and this Agreement shall supersede all
previous communications, representations, or agreements, either
verbal or written between the parties.8. Choice of Law. This Agreement has been negotiated, executed and
delivered at and shall be deemed to have been made in Nevada. This
Agreement shall be governed by and construed in accordance with the
domestic laws of the State of Nevada without giving effect to any
choice or conflict of law provision or rule (whether of the State
of
Nevada or any other jurisdiction) that would cause the application
of
the laws of any jurisdiction other than the State of Nevada.
9. Valid Agreement. If any provision of this Agreement shall for
any
reason, be held violative of any applicable law, then the
invalidity
of such a specific provision herein shall not be held to invalidate
any other provisions herein, which other provisions shall remain in
full force and effect unless removal of said invalid provisions
destroys the legitimate purposes of this Agreement, in which event
this Agreement shall be cancelled.10. Brokers. Both parties warrant that no brokers were involved in
this transaction.11. No Waiver. The waiver by one party of the performance of any
covenants, condition or promise shall not invalidate this Agreement
nor shall it be considered a waiver by such party of any other
covenants, condition or promise hereunder. The waiver by any party
of
the time for performing any act shall not constitute a waiver of
the
time for performing any other act or an identical act required to
be
performed at a later time. The exercise of any remedy shall not
exclude other consistent remedies.12. Costs. It is specifically understood by the parties hereto that
each party shall be responsible, liable and obligated to bear its
own
expenses incurred or to be incurred in connection with the
preparation, negotiation, documentation, and the Closing of the
transactions contemplated by this Agreement.13. Arbitration. Any dispute between the parties arising from this
Agreement will be submitted to arbitration in accordance with the
National Arbitration Rules and the losing party shall pay the
reasonable attorney fees and costs of the prevailing party.14. Termination. This Agreement may be terminated by Player1 or
Player2 upon the occurrence of any or all of the following events:
a) by both parties upon written consent of Player1 and Player2.
b) by both parties upon expiration of the original date.15. Postponement. This Agreement may be postponed by Player1 or
Player2 upon the occurrence of any or all of the following events:
a) by either party in the event of medically documented injury (as
described by licensed physician) more than 5 days prior to the
sporting contest. In this event, the Agreement shall be postponed
until said injury is recovered. At that time the sporting event
will
be rescheduled at a mutually agreeable date, time and place no
later
···
--- In FREEvpFREE@yahoogroups.com, "rgmustain" <rgmustain@...> wrote:
than one (1) month after said injury is recovered.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
on the date first above.Player 1, Rob Singer ______________________________
Player 2, Dick Mustain ______________________________