More lies from management

[rbr 1,270]

Out of interest, when did he tell them that? Was it on Monday?

 

The day before the window shut

[54andcounting 0]

As I've said in another thread on here, why in the name of fcuk would Jela even bother to come out and say what he has after he got his dream move to the EPL?

He sounds to me to be a man of principle, and I believe him.

[Danny 0]

As I've said in another thread on here, why in the name of fcuk would Jela even bother to come out and say what he has after he got his dream move to the EPL?

He sounds to me to be a man of principle, and I believe him.

 

Jelavic has been honest from day one, that his dream was to play in the EPL but that he was happy with life at Ibrox too. He never made stupid Cuellar-esque claims that he would stay for life, and we all knew if an EPL big boy came calling, he would be interested.

 

The management, on the other hand (and I don't mean Ally), have told quite a few porkies since the new regime began. And I don't have an ounce of trust in the vast majority of them, Russell included.

[GovanAllan 0]

We are all on here agung about who said what when. While are getting fhucked out of the cup.

[forlanssister 3,114]

Puts a different perspective on things.

 

1/2

 

 

REPRESENTATION CONTRACT between AGENT and CLUB

 

 

 

 

THIS REPRESENTATION CONTRACT is made the 20 day of October 2011

 

BETWEEN

 

KENNY MOYES SFA LICENSED AGENT (the â??Authorised Agentâ??)

 

LICENCE NUMBER 129

 

And

 

The GLASGOW RANGERS FOOTBALL CLUB PLC

 

IBROX STADIUM

150 EDMISTON DRIVE

GLASGOW G51 2XD

(the â??Clubâ??).

 

IT IS HEREBY AGREED as follows:

 

APPOINTMENT

 

1. The Club hereby appoints the Authorised Agent to provide services on the following terms:

 

Exclusive authorisation for the Authorised agent to actively market and seek a transfer fee of no less than £10 million pounds (Sterling) for the contracted player Nikica Jelavic born 27/08/1985 (Player). All actions must be treated in a confidential manner by all parties.

 

The Club is contracted to the Authorised Agent on an exclusive basis.

 

 

TERM

 

2. Subject to Clauses 8 to 10 below the exclusive nature of this Representation Contract shall be for a period from 20 October 2011 up to and including 30 November 2011 and thereafter at the option of the Club on a rolling monthly basis. The Club will inform the Authorised Agent in writing if it is exercising the option.

 

REMUNERATION

 

3. Provided that the Authorised Agent was wholly responsible for the completion of a sale contract in relation to the Player then in consideration for the provision of the Services, the Club shall pay to the Authorised Agent as an agreed fee any amount over £10 million pounds within 30 days of the transfer taking place. For the avoidance of doubt, if the Club receive £11 million pounds for the Player under this agreement the Authorised Agent will receive the sum of £1 million pounds. Should the transfer fee agreed by the Club be for less than the said £10 million pounds then the Authorising Agent will be entitled to a fee of 1% of the agreed transfer fee, which should be paid within 30 days of receipt of an invoice provided that the Authorised Agent was wholly responsible for the completion of the Transfer. (E.G. if the club receives 9.5 million pounds then the Authorised Agent would be entitled to 95,000 pounds)

 

 

The above sums being exclusive of any Value Added Tax that may be payable.

 

4. Payment of the sums due above shall be made subject to receipt by the Club of the Authorised Agentâ??s written invoices therefor.

 

 

5. The Authorised Agent shall bear all expenses incurred in performing his duties under this Representation Contract and the Club shall not be liable to make any payments not expressly set out herein.

 

 

OBLIGATIONS

 

6. The Authorised Agent undertakes and warrants to the Club that he will at all times during the term of this Representation Contract perform the Services in good faith and in the best interests of the Club and, in particular:

 

a. he shall provide the Services to the best of his ability and use all reasonable endeavours in connection therewith;

 

b. he shall keep the Club informed of any and all material information relating to the provision of the Services and shall not enter into negotiations with any third parties on the Clubâ??s behalf without the Clubâ??s consent;

 

c. he shall comply with The Rules of the Scottish Football Association and the Agents Regulations;

 

d. he holds, and will continue to hold, a current valid licence/registration issued by The Scottish Football Association and shall immediately notify the Club if such licence/ registration is suspended or withdrawn;

 

e. he has, and shall maintain in place valid and effective professional liability insurance in respect of the Services and shall, at the Clubâ??s request, provide the Club with a copy of the policy;

 

f. he shall not incur any liability on behalf of the Club without the prior consent of the Club;

 

g. he shall not, either directly or indirectly, make payments of any kind to, or receive payments of any kind from, a player, which results from the provision of the Services;

 

h. no part of the Authorised Agentâ??s remuneration is payable or shall be paid to the player or to any person on the playerâ??s behalf (including, without limitation, any club with which the player is or has been registered or contracted), nor will it be applied to the discharge of any debt or liability of the player to any person; and

 

i. he has not and the Club has not agreed to, and shall not, directly or indirectly pay any part of the Authorised Agentâ??s remuneration to, or to the order of, any current officer or employee of the Club or any person or company connected with any such person. For the purposes of this clause 6(i), a person is connected with an officer or employee of the Club if he or she is a relative of that officer or employee, and a company is connected with an officer or employee of the Club if he or she is a director of that company or holds (directly or indirectly) 50% or more of its voting shares or has the power to appoint a majority of its board of directors.

 

7. The Club undertakes and warrants to the Authorised Agent that:

 

a. it shall comply with The Rules of the Scottish Football Association and the Agents Regulations; and

 

b. it shall provide any such information that the Authorised Agent may reasonably require in order to enable the Authorised Agent to perform the Services hereunder.

 

 

TERMINATION

 

8. If the Authorised Agentâ??s licence/registration is suspended or withdrawn during the term of this Representation Contract as determined by The Scottish Football Association or other relevant national association or FIFA, and the relevant appeal process has been exhausted where applicable, then this Representation Contract shall be automatically terminated with immediate effect.

 

9. If either party:

 

a. commits a material breach of this Representation Contract which is not capable of remedy;

 

b. commits a material breach of this Representation Contract and, in the case of a material breach which is capable of being remedied, fails to remedy such breach within 30 days of a receipt of written notice from the non-defaulting party specifying the breach and requiring it to be remedied; or

 

c. is declared bankrupt or, in the case of the Authorised Agent only, if the Club becomes insolvent,

 

his Representation Contract may be terminated by the non-defaulting party on written notice with immediate effect.

 

10. Any sums that fall due for payment to the Authorised Agent after termination of this Representation Contract, other than those sums arising out of rights that have been accrued before termination, shall not be due and payable by the Club if:

 

a. the Representation Contract is terminated in accordance with clause 8; or

 

b. the Representation Contract is terminated in accordance with clause 9 to the extent only that the material breach giving rise to such termination is committed by the Authorised Agent.

 

 

NOTICES

 

11. All notices to be given under this Representation Contract shall be in writing in English and left at or sent by first class registered or recorded delivery mail or facsimile to the address of the party as set out above or to such other address and/or addresses as the party concerned shall from time to time designate by written notice pursuant hereto.

 

12. Any such notice shall be deemed given, in the case of hand delivery, at the time when the same is left at the addresseeâ??s address or, in the case of first class registered post or recorded delivery mail, on the business day after delivery or, in the case of a facsimile, upon transmission by the sender provided that the transmitting facsimile machine generates upon completion of the transmission a transmission report stating that the notice has been duly transmitted without error to the addresseeâ??s facsimile number.

 

 

SEVERABILITY

 

13. If any term or provision in this Representation Contract shall be held to be illegal, invalid or unenforceable, in whole or part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of this Representation Contract but the legality, validity and enforceability of the remainder of this Representation Contract shall not be affected.

 

 

 

CONFIDENTIALITY

 

14. Save as required by law or any fiscal or regulatory authority (including The Scottish Football Association), each party undertakes to keep the terms of this Representation Contract, and any information of a confidential nature that he or it may receive in respect of the other party during the term of this Representation Contract strictly confidential, and shall at no time (whether before or after expiry of the term of this Representation Contract) divulge any such information to any third party, other than to their respective professional advisors, without the consent of the other party.

 

 

ENTIRE AGREEMENT

 

15. This Representation Contract sets out the entire agreement between the parties hereto, in relation to those matters set out herein, and supersedes all prior discussions statements representations and undertakings between them or their advisors.

 

16. Clause 15 shall not exclude any liability which either party would otherwise have to the other or any right which either of them may have to rescind this Representation Contract in respect of any statements made fraudulently by the other prior to the execution of this Representation Contract or any rights which either of them may have in respect of fraudulent concealment by the other.

 

17. This Representation Contract may not be amended, modified or superseded unless expressly agreed to in writing by both parties.

 

 

RELATIONSHIP BETWEEN THE PARTIES

 

18. The Authorised Agent is not authorised under this Representation Contract to enter into any agreements on behalf of the Club or bind the Club in a contractual relationship in any way whatsoever, save as provided for under Clause 8(f).

 

 

SURVIVAL OF RIGHTS, DUTIES AND OBLIGATIONS

 

19. Expiry or termination of this Representation Contract shall not release the parties from any liability or right of action or claim which at the time of such expiry or termination has already accrued or may accrue to either party in respect of any act or omission prior to such expiry or termination.

 

20. Expiry or termination shall not affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.

 

 

NON-ASSIGNMENT

 

21. The Authorised Agent shall not assign, subcontract or novate the benefit or burden of this Representation Contract or of any of its provisions without the prior consent in writing of the Club (such consent to be given or withheld at the Clubâ??s absolute discretion) and in any case shall not assign, subcontract or novate the benefit or burden of this Representation Contract or of any of its provisions to an Unauthorised Agent (as defined in the Agents Regulations).

[forlanssister 3,114]

2/2

 

THIRD PARTY RIGHTS

 

22. Notwithstanding any other provision of this Representation Contract, a person who is not a party to this Representation Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Representation Contract.

 

 

 

SUPPLEMENTAL AGREEMENTS

 

23. Any other arrangements between the parties in any way connected to the provision of the Services that are supplemental to this Representation Contract shall be in accordance with the requirements of the Agentsâ?? Regulations and shall be annexed to the Representation Contract and submitted to The Scottish Football Association (and other relevant national association) for registration together with this Representation Contract.

 

 

 

DISPUTES

 

24. Any dispute between the parties arising from this Representation Contract which constitutes a breach of The Rules of he Scottish Football Association and/or the Agents Regulations shall be dealt with by The Rules of the Scottish Football Association in the first instance and referred to FIFA where appropriate. Any other dispute between the parties shall be dealt with as between the parties under Rule K (Arbitration) of The Rules of the Scottish Football Association (as may vary from time to time).

 

 

GOVERNING LAW & JURISDICTION

 

25. This Representation Contract shall be governed by and construed and interpreted in accordance with the laws of England and Wales and, subject to clause 24 above, the parties hereby submit to the exclusive jurisdiction of the courts of England.

 

 

 

 

 

SIGNATURES

 

This contract has been signed in fourfold and the copies have been distributed to:

 

ii. The National Association with which the Authorised Agent is registered

iii. The National Association with which the Club is registered

iv. The Authorised Agent

v. The Club

 

 

Signed by __________________________________________________ Date:______________

 

 

Print Name ________________________________________________

 

Duly authorised for and on behalf of the Club:

 

 

 

Signed by the Agent: _________________________________________ Date:______________

 

 

 

 

LODGEMENT

 

 

The Scottish Football Association: _______________________________ Date:______________

 

 

Other National Association: _____________________________________ Date:______________

[Bluedell 5,707]

3. Provided that the Authorised Agent was wholly responsible for the completion of a sale contract in relation to the Player then in consideration for the provision of the Services, the Club shall pay to the Authorised Agent as an agreed fee any amount over £10 million pounds within 30 days of the transfer taking place. For the avoidance of doubt, if the Club receive £11 million pounds for the Player under this agreement the Authorised Agent will receive the sum of £1 million pounds. Should the transfer fee agreed by the Club be for less than the said £10 million pounds then the Authorising Agent will be entitled to a fee of 1% of the agreed transfer fee, which should be paid within 30 days of receipt of an invoice provided that the Authorised Agent was wholly responsible for the completion of the Transfer. (E.G. if the club receives 9.5 million pounds then the Authorised Agent would be entitled to 95,000 pounds)

 

What a weird way of doing things. So if the agent was able to get £18m, we would only receive £10m. Why limit your upside?

[Bluedell 5,707]

Puts a different perspective on things.

 

1/2

 

 

REPRESENTATION CONTRACT between AGENT and CLUB

 

 

 

 

THIS REPRESENTATION CONTRACT is made the 20 day of October 2011

 

BETWEEN

 

KENNY MOYES SFA LICENSED AGENT (the ‘Authorised Agent’)

 

LICENCE NUMBER 129

 

And

 

The GLASGOW RANGERS FOOTBALL CLUB PLC

This is in line with what I heard that Whyte told McCoist well before the transfer window that Jelavic was going and wasn't to be replaced.

 

However you'd expect us to get our own company name correct.

[calscot 0]

Also, why would you even accept more than 10m?

[forlanssister 3,114]

What a weird way of doing things. So if the agent was able to get £18m, we would only receive £10m. Why limit your upside?

 

This is in line with what I heard that Whyte told McCoist well before the transfer window that Jelavic was going and wasn't to be replaced.

 

However you'd expect us to get our own company name correct.

 

I think it's just indicative of the general incompetent manner in which we were being ran at the time.

 

Be interesting to know what Moyes made off of the Jelavic deal and just who paid what to who and what about the rather blatantly obvious conflict of interest.