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Form #1108Consulting Agreement Template
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CONSULTING
AGREEMENT
JOINT
VENTURE OR INDPEDANT CONRACTOR
THIS
CONSULTING AGREEMENT ("Agreement") is made as of the “DATE” between
“PARTY A”, a Delaware corporation with its principal office at “ADDRESS A”
(hereinafter referred to as “NAME”"), and “PART B”, a Delaware limited
liability company with its principal office at “ADDRESS B
WITNESSETH:
WHEREAS,
COMPANYA is in the business of (BUSINESS DISCRIPTON)
WHEREAS,
(OTHER)
WHEREAS,
PARTY A is interested in engaging PARTY B to consult with respect to the
development of PARTY A’S business;
NOW
THEREFORE, in consideration of the mutual covenants and agreements of the
parties contained herein and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, it is hereby mutually
agreed as follows:
ARTICLE
I DEFINITION
1.0 For the purpose of this
Agreement, the term "PARTY-A" shall include the ENTITY named above
and all employees, agents, officers, and other individuals or entities acting
on behalf of PARTY-A in the performance of services for (all such employees,
agents, officers and other individuals or entities are also referred to herein
as “Assigned Employees”).
ARTICLE
II SERVICES
2.0 Subject to the conditions
set forth herein, ”PARTY-A” agrees to consult “PARTY-B” with respect to
services that ”PARTY-A” might provide “PARTY-B”; and, ”PARTY-A” will, from time
to time, at ”PARTY-A”’s discretion, meet with (in conjunction with “PARTY-B”'s
employees) “PARTY-B”’s prospective participants to discuss the services that
”PARTY-A” may provide to “PARTY-B” in regard to “NAME OF PROJECT” development
and operations.
ARTICLE
III CHARGES
3.0 Upon execution of this Agreement,
“PARTY-B” will pay ”PARTY-A” a non-refundable one-time fee of “AMOUNT” for the
term of this Agreement.
3.1 “PARTY-B” will pay ”PARTY-A” a
fee at an hourly rate of $AMOUNT for each person employed by ”PARTY-A” and
actual rate plus AMOUNT% for each independent consultant retained by ”PARTY-A”
to perform services involving ”PARTY-A” executive managers or ”PARTY-A”
attorneys or ”PARTY-A”
outside
counsel pursuant to this Agreement. For all other services performed
hereunder, “PARTY-B” will pay ”PARTY-A” a fee at an hourly rate of $AMOUNT for
each person employed by ”PARTY-A” and for each independent consultant retained
by ”PARTY-A” to perform such services. “PARTY-B” will also reimburse ”PARTY-A”
for out-of-pocket expenses incurred by ”PARTY-A” in connection with the
performance of services hereunder, including, but not limited to, reasonable
travel expenses.
3.2 Upon execution of this Agreement,
“PARTY-B” shall provide ”PARTY-A” with a non-refundable retainer in the
amount of $AMOUNT, payable in two equal monthly installments of $AMOUNT, the
first of which is due upon execution of this Agreement, and the second of which
is due 30 days thereafter. The retainer will be applied against amounts owed
for services provided pursuant to this Agreement, and ”PARTY-A” shall invoice
“PARTY-B” on a bi-weekly basis to keep “PARTY-B” informed as to the remaining
balance of said retainer. In the event that amounts owed for services exceed
the amount of the retainer, ”PARTY-A” shall invoice “PARTY-B”, on a bi-weekly
basis, for fees and expenses incurred. ”PARTY-A” reserves the right to request
an additional retainer in the event that the initial retainer is exhausted.
“PARTY-B” agrees to pay the invoiced amount within ten (10) days from the date
of presentation. Amounts not so paid shall bear interest beginning on such
tenth day at a rate per month of one and one half (1.5) percent.
ARTICLE IV PROPERTY RIGHTS
4.0 ”PARTY-A” shall be the owner of
all works of authorship, business innovations, methodology, inventions,
discoveries, improvements, designs, reports, analyses, drawings, apparatuses,
processes, software, firmware or similar or related developments or
information, or any improvements, enhancements or documentation of or to the
same that ”PARTY-A” or its Assigned Employees makes or conceives in the course
of providing services to “PARTY-B”, whether prior to or during the term of this
Agreement (hereinbefore and hereinafter collectively referred to as “Work
Product”). Work Product shall constitute Confidential Information of ”PARTY-A”.
“PARTY-B” hereby acknowledges that all such Work Product is the exclusive property
of ”PARTY-A”. “PARTY-B” shall cooperate with ”PARTY-A” to protect ”PARTY-A”’s
interest in such Work Product, including the execution of any documents
necessary to perfect ”PARTY-A”’s ownership of the Work Product, provided that
“PARTY-B” will have the right to purchase at all times a non-exclusive license
from ”PARTY-A”, to utilize the Work Product in the operations of “PARTY-B”’s
business. Provided further, “PARTY-B” shall have the right at all times under
a paid-up non-exclusive license from ”PARTY-A” to use such marketing plans,
marketing materials, data center designs, business recovery plans and
procedures, systems architectures, business processes and interface software to
“PARTY-B” applications and systems that ”PARTY-A” develops for “PARTY-B” during
the course of this engagement for the operations of the “NAME OF PROJECT”.
ARTICLE V CONFIDENTIALITY
5.0 The parties agree to continue to
be bound by the terms of that certain Confidentiality Agreement dated as of
“DATE”
ARTICLE
VI GENERAL
6.0 This Agreement, including the
Schedule attached hereto, (collectively, the "Understandings")
contains the full understanding of the parties hereto with respect to the
specific subject matter hereof and supersede and cancel all other previous agreements,
negotiations, commitments, discussions, and writings in respect of such subject
matter (except for that certain Confidentiality Agreement dated as of DATE).
No representations, promises or understandings which are not expressly set
forth in the Understandings are binding upon any of the parties. This
Agreement may not be released, discharged, abandoned, changed, or modified in
any manner except by an instrument in writing signed by a duly authorized representative
of each of the parties hereto. Neither the course of conduct between the
parties nor trade usage shall act to modify or alter the provisions of this
Agreement.
6.1 This Agreement shall be construed
and the legal relations of the parties hereto shall be governed in accordance
with the laws of the State of “STATE”, United States of America.
6.2 The provisions of this Agreement
shall be severable and the invalidity or illegality of any provision of this
Agreement shall not affect the validity or legality of the remaining provisions
hereof.
6.3 The waiver by either of the
parties hereto of any breach of any provisions hereof by the other party shall
not be construed to be either a waiver of any succeeding breach of any
provisions or a waiver of the provision itself.
6.4 The language used in this Agreement
shall be deemed to be language chosen by the parties hereto to express their
mutual intent, and no rules of strict construction against any party shall
apply to any term or provision of this Agreement.
6.5 This Agreement and all rights and
obligations hereunder shall inure to the benefit of and shall be binding upon
subsidiaries, affiliates, successors, or assigns of the parties hereto;
provided, however, that neither party shall assign or transfer this Agreement
in any manner without the prior written consent of the other party.
6.6 Neither party shall be considered
an agent for the other party nor shall either party have authority to bind or
obligate the other to third parties. The parties to this Agreement agree that
the relationship created by this Agreement is that of independent contractors.
Each party agrees that no employee of the other party will for any purpose be
or be deemed an employee of such first party or be entitled to any benefits
provided by such first party to its employees, including but not limited to
group insurance, liability insurance, disability insurance, paid vacations,
sick leave or other leave, retirement plans and the like. It is understood and
agreed that since ”PARTY-A” is an independent contractor, “PARTY-B” will make no
deductions from fees paid to ”PARTY-A” for any federal or state taxes or FICA,
and “PARTY-B” has no obligation to provide Worker’s Compensation coverage for
”PARTY-A” or Assigned Employees or to pay overtime rates to Assigned
Employees. It shall be ”PARTY-A”’s sole responsibility to compensate Assigned
Employees and to pay, or ensure the payment of, all required taxes and make, or
ensure the making of, timely payment of all withholdings and taxes relating to
Assigned Employees and the compensation received by ”PARTY-A” under this
Agreement,
6.7 ”PARTY-A” shall not be liable for
delay due to causes beyond its reasonable control, such as acts of God, acts of
“PARTY-B”, acts of civil and military authority, fires, strikes, floods,
epidemics, quarantine restrictions, war, riots, and inability due to causes
beyond its control to obtain necessary labor, materials, or computing
facilities. In the event of any delay, the scheduled date of completion of
performance shall be deferred for a period equal to the time lost by reason of
the delay.
6.8 The parties agree that this
Agreement creates no legal obligation of any kind upon either party to
establish a clearing relationship or for ”PARTY-A” to provide settlement
services.
6.9 Either party may disclose the
existence and/or nature of this relationship between the parties. However,
each party agrees to inform the other party of any written disclosures that may
take place prior to the issuance of such written disclosures, and to make
reasonable modifications to such written disclosures as may be requested by the
other party.
Article
VII - Term
7.0 The term of this agreement shall
commence on the date first stated above and shall continue for a period of
twelve (12) months. Notwithstanding, either party may terminate this agreement
at any time for any reason by providing the other party with Thirty (30) days
notice.
Article
VIII - Contacts
8.0 ”PARTY-A”’s primary contacts for
matters arising under this Agreement shall be; “DESIGNATED PERSONS”
9.0 . “PARTY-B”’s primary contacts
for matters arising under this Agreement shall be. “DESIGNATED PERSONS” Either
party may elect at any time to designate other individuals as primary contacts
by providing notice to the other party.
IN
WITNESS WHEREOF, the parties have, by their duly authorized representatives,
executed this Agreement as of the date first above written.
“PARTY-A”
“PARTY-B”
By: _______ By:
Name: ______________
Name:
(please type or
print) (please type or
print)
Title: CEO
Title:
Contributed by
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Name of Firm |
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Location |
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Iowa,
United States |
Total Forms Contributed |
74 |
Phone |
641-209-1761 |
Website |
http://fastdue.com |
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