A History of the African-American People (Proposed) by Strom Thurmond (6 page)

Author shall prepare and submit, on a date to be designated by Publisher, an index, bibliography, table of contents, foreword, introduction, preface or similar matter (“Frontmatter” and “Backmatter”) as Publisher may deem necessary for inclusion in the Work, and if Author shall fail or refuse to do so, then Publisher shall have the right, but not the obligation, to acquire or prepare such Frontmatter and/or Backmatter, or to engage a skilled person to do so, and Author shall reimburse for the costs of such acquisition or preparation.

5. Revisions and Corrections

If Publisher, in its sole discretion, deems the Manuscript, Artwork, Frontmatter and/or Backmatter, Permissions, and/or any other materials delivered by Author to be unacceptable in form and substance, then Publisher shall so advise Author by written notice, and Author shall cure any defects and generally revise and correct Manuscript, Artwork, Frontmatter and/or Backmatter, Permissions, and/or other materials to the satisfaction of Publisher, and deliver fully revised and corrected Manuscript, Artwork, Frontmatter and/or Backmatter, Permissions, and/or other materials no later than thirty (30) days after receipt of Publisher’s notice.

6. Termination for Non-Delivery

If Author fails to deliver the Manuscript, Artwork, Frontmatter and/or Backmatter, Permissions, and/or other materials required under this Agreement, and/or any revisions and corrections thereof as requested by Publisher, on dates designated by Publisher, or if Author fails to do so in a form and substance satisfactory to Publisher, then Publisher shall have the right to terminate this Agreement by so informing Author by letter sent by traceable mail to the address of Author set forth above. Upon termination by Publisher, Author shall, without prejudice to any other right or remedy of Publisher, immediately repay Publisher any sums previously paid to Author, and upon such repayment, all rights granted to Publisher under this Agreement shall revert to Author.

7. Author’s Representations and Warranties

Author represents and warrants to Publisher that: (i) the Work is not in public domain; (ii) Author is the sole proprietor of the Work and has full power and authority, free of any rights of any nature whatsoever by any other person or collection of individuals, to enter this Agreement and to grant the rights which are granted to Publisher in this Agreement; (iii) the Work has not heretofore been published, in whole or in part, in any form; (iv) the Work does not, and if published will not, infringe upon any copyright or any proprietary right at common law; (v) the Work contains no matter whatsoever that is obscene, libelous, violative of any third party’s right of privacy or publicity, or otherwise in contravention of law or the right of any third party, or material offensive to the sensibility of any person or persons who may deem their right to fair representation compromised; (vi) all statements of fact in the Work are true and are based on diligent research; (vii) all advice and instruction in the Work are safe and sound, and is not negligent or defective in any manner; (viii) the Work, if biographical or “as told to” Author, is authentic and accurate; and (ix) Author will not hereafter enter into any agreement or understanding with any person or entity which might conflict with the rights granted to Publisher in this Agreement.

8. Author’s Indemnity of Publisher

Author shall indemnify, defend and hold harmless Publisher, its subsidiaries and affiliates, and their respective shareholders, officers, directors, employees, partners, associates, affiliates, joint venturers, agents, representatives, friends, family members and acquaintances from any and all claims, debts, demands, suits, actions, proceedings, and/or prosecutions (“Claims”) based on allegations which, if true, would constitute a breach of any of the foregoing warranties, and any and all liabilities, losses, damages, and expenses (including attorneys’ fees and costs) in consequence thereof.

9. Review by Publisher’s Counsel

Notwithstanding any other provision of the Agreement, Publisher shall have the right, but not the obligation, to submit the Work for review by counsel of its choice to determine if the Work contains material that is or may be unlawful, violate the rights and/or civil rights of third parties, or violate the promises, warranties, and representations of Author set forth in this Agreement. If, in the sole opinion of the Publisher or its Counsel, there appears to be risk of legal action or liability on account of any aspect of the Work, then Publisher may, at its sole option, (i) require Author to make such additions, deletions, modifications, substantiation of facts, disclaimers or other changes to avoid risk of legal action or liability; or (ii) terminate this Agreement without further obligation, and Author shall be obligated to repay all amounts advanced by Publisher.

10. Right to Withdraw

Publisher shall have the right to withdraw its offer of Agreement at any time prior to or after the delivery of the Manuscript.

IN WITNESS WHEREOF, Author and Publisher have executed this Agreement of the day and year written above.

O
FFICE OF
S
ENATOR
S
TROM
T
HURMOND
217 R
USSELL
S
ENATE
B
UILDING
W
ASHINGTON
, D.C. 20515

August 3, 2002

Dear Martin,

Never heard of Everett. How can his being unknown be of advantage?

$150,000.

You
will pay the team of writers/scholars/blacks, not us.

Barton

S
IMON
& S
CHUSTER
, I
NC
.
1230 Avenue of the Americas
New York, NY 10020

August 13, 2002

Dear Barton,

His being unknown will not prejudice the readership one way or another. Imagine Condi Rice doing the ghost-writing here. There’d be no reason for anybody to read it, as they’d know in advance what it’d say. Everett is the man. And, you know, he’s not absolutely unknown, but is, rather, a kind of coterie writer, i.e., a writer who has a loyal, if small, following.

$5,000.

We’ll pay Everett and one other, but on our terms.

Martin
               

O
FFICE OF
S
ENATOR
S
TROM
T
HURMOND
217 R
USSELL
S
ENATE
B
UILDING
W
ASHINGTON
, D.C. 20515

August 17, 2002

Martin,

OK on Everett. I have, for quite some time, known what coterie means, but am grateful, hun, for your explanation.

$20,000.

Bart
               

S
IMON
& S
CHUSTER
, I
NC
.
1230 Avenue of the Americas
New York, NY 10020

August 21, 2002

Barton,

$2,500.

Martin
               

S
IMON
& S
CHUSTER
, I
NC
.
1230 Avenue of the Americas
New York, NY 10020

August 28, 2002

Dear Barton,

Thanks for the signed contracts. I think our agreeing on the $2500 presages a smooth voyage ahead. Not too much and not too little, like a well-crafted haircut. (Very hard to come by these days.) We’re eager to watch as this progresses and offer any assistance we can provide to the project.

We have not yet heard from Mr. Everett but expect to soon and will relay his message to you, asking then that you establish the working relationship that seems to the Senator most efficient and useful.

Oh, one other detail. We notice that the Senator’s signature is stamped in rather than signed. I expect the Senator, busy man that he is, often makes use of such a stamp. However, we really do need the actual signature on a binding legal document, you know, and I hope you will bring this to the Senator’s attention. We have enclosed fresh contracts for his signature.

All best wishes.

Cordially,
Martin