Exhibit 10.16
As of January 1, 2023
Mr. Derek Schiller
755 Battery Avenue SE
Atlanta, Georgia 30339
Re: | Restated Employment Agreement by and between Derek Schiller and Atlanta National League Baseball Club, LLC |
Dear Derek:
This letter agreement (“Agreement”) is entered, effective as of the date set forth above, by and between you (“Executive”) and the Atlanta National League Baseball Club, LLC (“ANLBC”) to set forth the terms and conditions of your employment with ANLBC. You and ANLBC desire to restate the terms of your employment with ANLBC such that the terms and conditions of the current employment agreement in effect between you and ANLBC, dated as of October 29, 2019 (“Prior Agreement”), are of no further force and effect and the Prior Agreement is hereby restated and superseded by the terms and conditions of this Agreement. In consideration of the premises and mutual covenants and agreements herein, the receipt and sufficiency of which are hereby acknowledged, Executive and ANLBC (individually a “Party,” and collectively the “Parties”) hereby agree as follows:
the success of ANLBC, and Executive as a representative of ANLBC agrees not to publicly disparage ANLBC or make negative and injurious statements or instigate negative or injurious publicity concerning ANLBC or its name, reputation, directors, officers, or employees. ANLBC agrees not to publicly disparage Executive or make negative and injurious statements or instigate negative or injurious publicity concerning Executive or his name or reputation.
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2023: $1,500,000
2024:$2,000,000
2025:$2,100,000
2026:$2,200,000
2027:$2,300,000
2028:$2,500,000 (assuming Waiver of Extension is not provided by December 31, 2025)
2023: $ 600,000
2024:$1,080,000
2025:$1,200,000
2026:$1,260,000
2027: $1,380,000
2028:$1,500,000 (assuming Waiver of Extension is not provided by December 31, 2025)
Executive’s incentive bonus, if any, shall be payable in accordance with ANLBC’s incentive bonus payment policy (as it may be modified or amended from time to time and which currently is payable on or around March 1 of each year).
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any twelve (12) month period. Notwithstanding the foregoing provision, if it is determined by ANLBC that Executive has a “disability” as defined under the Americans with Disabilities Act (as amended), Executive’s employment shall not be terminated on the basis of such disability unless it is first determined by ANLBC after consultation with Executive and his treating physician that there is no reasonable accommodation which would permit Executive to perform the essential functions of his position without imposing an undue hardship on ANLBC. For any period of disability in which Executive is unable to perform the essential functions of his position, with or without reasonable accommodation, preceding the termination of this Agreement, Executive shall be compensated pursuant to the terms of any applicable short-term or long-term disability program or workers’ compensation program and will not receive compensation pursuant to this Agreement.
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to cure such material change within thirty (30) days after receipt of such notice and Executive’s resignation within thirty (30) days following the end of such cure period; provided that nothing herein shall be deemed to limit Section 8 of this Agreement. The Executive acknowledges that the pending “split-off” of ANLBC shall not constitute a “control interest transfer” for purposes of this Agreement.
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and transfers to ANLBC all its rights, including but not limited to all copyright rights and moral rights, in and to the Work Product. Executive agrees to execute and deliver to ANLBC any transfers, assignments, documents, or other instruments that ANLBC may deem necessary or appropriate to vest complete and perpetual title and ownership of any Work Product and all associated rights exclusively in ANLBC. Unless otherwise specifically agreed in writing, Executive shall not be entitled to any compensation in addition to that provided for in Section 4 of this Agreement for any exercise by ANLBC of its rights set forth in the preceding sentence.
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action in a court of competent jurisdiction for equitable relief pending appointment of an arbitrator and completion of an arbitration, and in such instance shall not be required to post a bond.
Mr. Terry McGuirk
755 Battery Avenue
Atlanta, GA 30339
with a copy to ANLBC’s EVP & Chief Legal Officer at the same address.
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agreements to the contrary heretofore made. This Agreement may be modified only by a written instrument signed by each of the Parties.
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If the foregoing is consistent with your understanding of our agreement with respect to the subject matter addressed herein, please so indicate by signing below and returning this Agreement to ANLBC’s EVP & Chief Legal Officer.
Very truly yours,
ATLANTA NATIONAL LEAGUE BASEBALL CLUB, LLC
By: /s/ TERENCE F. MCGUIRK
Terry McGuirk, Chairman
AGREED AND ACCEPTED:
EXECUTIVE
/s/ DEREK SCHILLER
Derek Schiller
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