Consultancy Service Agreement
This Consultancy Service Agreement (hereinafter refereed as “the Agreement”) is entered into on this date on 三级安全教育内容 by and between Xinjiang Beixin Road & Bridge Group Co., Ltd. (the Company) with its authorized八十八打一字谜 legal reprentative, Mr. (hereinafter夜半三更哟 referred as the “巴贝隆Customer”) as Party A; and
. During the term of this Agreement, Consultant will provide the Company
This Consultancy Agreement (the "Agreement") is entered into by and , (the "Company"), a _________(Place name) company, and BBB ("Consultant").
1. CONSULTING RELATIONSHIP. During the term of this Agreement, Consultant will provide the Company consulting rvices (the "Services") as specified by the Board of Directors or the chief executive officer of the Company from time to time. Consultant shall u Consultant's best efforts to perform the Services such that the results are satisfactory to the Company. Consultant shall devote approximately 1/2 of Consultant's time to performance of the Services.
2. FEES. As consideration for the Services to be provided by Consultant and other obligations, the Company shall pay to Consultant a monthly amount of $,_________ ($,_________ on an annualized basis) during the term of this Agreement in accordance with the Company's normal payment practices for consultants. As additional consideration for the Services, the Company will provide Consultant with such support facilities and space as may be required in the Company's judgment to enable Consultant to properly perform the Services.
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3. EXPENSES. Consultant shall not be authorized to incur on behalf of the Company any expens without the prior written connt of the Company's chief executive officer or chief financial officer. As a condition to receipt of reimburment, Consultant shall be required to submit to the Company reasonable evidence that the amount involved was expended and related to Services provided under this Agreement.
4. TERM AND TERMINATION. Consultant shall rve as a consultant to the Company for a period commencing on _________,_________,_________(M,D,Y)and terminating on _________,_________,_________(M,D,Y).
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Should either party default in the performance of this Agreement or materially breach any of its obligations under this Agreement, including but not limited to Consultant's obligations under the Confidential Information Agreement between the Company and Consultant referenced below in Section 8, the non-breaching party may terminate this Agreement immediately if the breaching party fails to cure the breach within five (5) business days after having received written notice by the non-breaching party of the breach or default.
Notwithstanding the above, either party may terminate this Agreement at any time upon thirty (30) days' written notice. In the event of such termination, Consultant shall be paid for any portion of the Services that have been performed prior to the termination.
5. INDEPENDENT CONTRACTOR. Consultant's relationship with the Company will be that of an independent contractor and not that of an employee.
(a) METHOD OF PROVISION OF SERVICES: Consultant shall be solely responsible for determining the method, details and means of performing the Services. Consultant may,
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at Consultant's own expen, employ or engage the rvice of such employees or subcontractors as Consultant deems necessary to perform the Services required by this Agreement (the "Assistants"). Such Assistants are not the employees of the Company and Consultant shall be wholly responsible for the professional performance of the Services by his Assistants such that the results are satisfactory to the Company. Consultant shall expressly advi the Assistants of the terms of this Agreement, and shall require each Assistant to execute a Confidential Information Agreement substantially in the form attached to this Agreement as Exhibit A (the "Confidentiality Agreement").
(b) NO AUTHORITY TO BIND COMPANY. Neither Consultant, nor any partner, agent or employee of Consultant, has authority to enter into contracts that bind the Company or create obligations on the part of the Company without the prior written authorization of the Company.
(c) NO BENEFITS. Consultant acknowledges and agrees that, save for any employee share options which would be eligible to the employees/consultants of the Company, Con
sultant will not be eligible for any Company employee benefits and, to the extent Consultant otherwi would be eligible for any Company employee benefits but for the express terms of this Agreement, Consultant hereby expressly declines to participate in such Company employee benefits.
(d) WITHHOLDING; INDEMNIFICATION. Consultant shall have full responsibility for applicable withholding taxes for all compensation paid to Consultant, its partners, agents or its employees under this Agreement, and for compliance with all applicable labor and employment requirements with respect to Consultant's lf-employment, sole proprietorship or other form of business organization, and Consultant's partners, agents and employees, including state worker's compensation insurance coverage requirements and any US immigration visa requirements (provided that the Company shall avail all reasonable assistance to the Consultant if so requested). Consultant agrees to indemnify, defend and hold the Company harmless from any liability for, or asssment of, any claims or penalties with respect to such withholding taxes, labor or employment requirements, including any liability for, or asssment of, withholding taxes impod on t
he Company by the relevant taxing authorities with respect to any compensation paid to Consultant or Consultant's partners, agents or its employees.
