Agreement

This AGREEMENT, dated January 1, 1996, is entered into by and between Jason H. Cagle ("Cagle") and Glenn P. Wille ("Wille").

WHEREAS, Cagle is a Green Bay Packers ("Packers") fanatic;

WHEREAS, Wille is a Detroit Lions ("Lions") fanatic;

WHEREAS, since they first made each other's acquaintance, Cagle and Wille have continuously disputed whether the Packers or the Lions are the better NFL football team; and

WHEREAS, the purpose of this Agreement is for Cagle and Wille to put their money where their mouths are;

NOW, THEREFORE, IN CONSIDERATION OF the terms and conditions contained herein, Cagle and Wille hereby agree as follows:

  1. Regular Season. During the Term (as defined below), each time the Packers and the Lions play during the regular NFL season, Cagle and Wille shall be deemed to have made a bet as described in this Section:

    2. If the Packers win such game, then Wille must pay Cagle the product of (a) the difference between the total points scored by the Packers in such game and the total points scored by the Lions in such game, and (b) one dollar ($1.00).

    If the Lions win such game, then Cagle must pay Wille the product of (c) the difference between the total points scored by the Lions in such game and the total points scored by the Packers in such game, and (d) one dollar ($1.00).

    Notwithstanding anything to the contrary contained herein, unless the game ends in a tie (in which event neither party owes the other anything), the minimum and maximum payments on each bet described in this Section 1 are $5.00 and $50.00, respectively.

  2. Playoffs. During the Term, each time the Packers and the Lions play during the NFL playoffs, Cagle and Wille shall be deemed to have made a bet as described in this Section:

    3. If the Packers win such game, then Wille must pay Cagle the product of (a) the difference between the total points scored by the Packers in such game and the total points scored by the Lions in such game, and (b) two dollars ($2.00).

    If the Lions win such game, then Cagle must pay Wille the product of (c) the difference between the total points scored by the Lions in such game and the total points scored by the Packers in such game, and (d) two dollars ($2.00).

    Notwithstanding anything to the contrary contained herein, the minimum payment on each bet described in this Section 2 is $10.00. There is no maximum payment on this bet.

    In lieu of making a payment in accordance with the terms of this Section 2, the party who loses the bet may give to the party who wins the bet a ticket (the "Ticket") to a regular season game in which the winning party's team is playing during the subsequent season. If the losing party is going to give the Ticket to the winning party rather than pay money to the winning party, the losing party must so notify the winning party within seven (7) days after the completion of the game causing such money to be owed.

  3. Form of Payment. Any money owed in accordance with the terms of this Agreement (the "Proceeds") shall be paid in cash or by personal check within seven (7) days after the completion of the game causing such Proceeds to be owed. The Ticket shall be delivered to the winning party within six (6) months after the completion of the game causing such Ticket to be owed.
  4. Use of Proceeds. The Proceeds must be used by Cagle and Wille to purchase Packers and Lions paraphernalia, respectively.
  5. Term. The term of this Agreement (the "Term") shall begin on the date hereof and shall terminate upon the earlier to occur of the (a) relocation of the Packers outside the Green Bay metroplex, (b) relocation of the Lions outside the Detroit metroplex, (c) permanent disability of either party, (d) death of either party, or (e) written agreement of both parties.
  6. Time of the Essence. Time is of the essence in the performance of the obligations in this Agreement.
  7. Communications. All communications required hereunder shall be in writing and shall be delivered via regular mail to the appropriate party at the address listed beside his name below. Such communication shall be deemed to be delivered on the third business day after such communication has been deposited in a United States Postal Service mailbox. Either party may change his address for receiving communications hereunder by following the procedure outlined in this Section 7.
  8. Governing Law. This Agreement shall be governed by the laws of the State of Nevada.

IN WITNESS WHEREOF, the parties hereby execute this Agreement as of the date first written above.

Address:

2544 Kings Gate Drive

Carrollton, TX 75006

________________________

JASON H. CAGLE

 

415 Norwood Court

Windsor, CO 80550

________________________

GLENN P. WILLE

 

________________________

WITNESS