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and exploited, received from any person, firm or corporation on the Artist's behalf, less the
following exclusions:
(i) production costs of Artist's master recordings and audiovisual works;
(ii) tour support payments paid out by a third party record company;
(iii) fees, advances, royalties and other payments paid to third parties including, without limitation,
record producers, audiovisual work producers and directors;
(iv) independent promotion costs paid by a third party record company; bona fide third party costs
incurred in connection with motion picture and television synchronization licenses;
(v) that portion of Artist's income from any motion picture or television package which is payable
in commissions to a talent agent or is otherwise payable to third parties as part of the cost of
production;
(vi) any monies payable by Artist for reasonable "sound and lights" or opening acts in connection
with live
engagements;
(vii) monies payable to Artist as bona fide "per diems"; and
(ix) any income derived by Artist from any business investments, entrepreneurial activities or other
non-entertainment related activities.
9) The compensation agreed to be paid to the Manager shall be based upon gross monthly earnings
of the Artist accruing to or received by the Artist
a) during the term of this agreement or any renewal; or
b) after the termination of this agreement or the expiration of the term or any renewal where gross
monthly earnings result from any services performed by the Artist during the term hereof or any
renewal; or as the result of any contract negotiated, or substantially negotiated, during the term
hereof and any renewal, extension or modification of this agreement.
10) After the termination of this agreement or the expiration of the term and continuing for a period
of one (1) year thereafter; the Artist will continue to pay the Manager ten (10%) of gross monthly
income as defined herein.
11) In the event that the Artist forms a corporation during the term hereof for the purpose of
furnishing and exploiting the Artist's artistic talents, the Artist agrees that said corporation shall
offer to enter into a management contract with the Manager identical in all respects to this
agreement (except as to the parties thereto). In the event that the Manager accepts such offer, then
the gross monthly earnings of such corporation prior to the deduction of any corporate income taxes
and of any corporate expenses or other deductions shall be included as a part of the Artist's gross
monthly earnings as herein defined, and any salary paid to the Artist by such corporation shall be
excluded from the Artist's gross monthly earnings for the purpose of calculating the compensation
due to the Manager hereunder.
12) The Artist agrees that all persons, firms or corporations shall pay all gross monthly earnings
directly to the Manager and the Manager may withhold the Manager's compensation and may
reimburse itself from for any reasonable and receipted fees, costs or expenses advanced or incurred
source: first.org
