Dalton, Fitch, and Cope Attorneys 143 W. 23\'d St., Unit 130B, Chalmers Building, 131h floor, New York, NY August 27th
Reginald Mercer, Attorney at Law 19 Market Close, Newport, MD 55055
Dear Mr. Mercer: This confirms that we have received your August 18th letter and the draft of the distribution contract you enclosed. I have read the draft thoroughly and discussed it with my client, Mr. Fukazawa. The following initial points will need to be resolved before we can move ahead with negotiating the finer points of the contract:
• <b>Term</b> The term would need to be at least ten years before my client could seriously consider entering into the contract.
• <b>Unit Price</b> The unit price would need to be at least $140.50 before my client could consider the contract financially feasible.
•<b>Controlling Law</b> My client does business only in the State of New York and does not desire to engage a lawyer in Maine, so the contract will need to provide that New York law controls.
• <b>Publicity</b> My client requests that the last sentence of paragraph 3 on page 2 of the contract be changed to read as follows: "Publicity given to the program or services provided herein, including, but not limited to, notices, information, pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Licensor, shall identify the Agency as the sponsoring agency and will not be released without prior written approval from the Agency."
Please discuss these points with your client at your earliest convenience and let me know if your client is willing to pursue negotiation of a contract along these lines.
Yours truly,
Adrian Cope, cc: T. Fukazawa
