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Standard Consulting Agreement

Standard Consulting Agreement

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Published by John Bryant
CONSULTING AGREEMENT
This Consulting Agreement (“Agreement”) entered into as of the date executed by John Bryant, a business development consultant having principal offices at 641 East Lake Street, Wayzata, MN 55391 (the “Consultant”), ______________________________________________________________________________(the "Company"), sets forth the understanding which has been reached concerning certain consulting services. WITNESSETH WHEREAS, Company desires to engage Consultant
CONSULTING AGREEMENT
This Consulting Agreement (“Agreement”) entered into as of the date executed by John Bryant, a business development consultant having principal offices at 641 East Lake Street, Wayzata, MN 55391 (the “Consultant”), ______________________________________________________________________________(the "Company"), sets forth the understanding which has been reached concerning certain consulting services. WITNESSETH WHEREAS, Company desires to engage Consultant

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Published by: John Bryant on May 18, 2010
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09/04/2010

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Page 1 of 3
CONSULTING AGREEMENT
This Consulting Agreement (“Agreement”) entered into as of the date executed by
John Bryant
a businessdevelopment with Valde Group LLC consultant having principal offices at 641 East Lake Street, Wayzata, MN55391
(the “
Cons
ultant”),
______________________________________________________________________________(the "Company"),sets forth the understanding which has been reached concerning certain consulting services.
WITNESSETHWHEREAS
, Company desires to engage Consultant to carry out certain services as set forth in this Agreement; and
WHEREAS
, Consultant has the requisite skill, knowledge and experience to provide such services and desires toprovide such services to Company.
NOW THEREFORE
, in consideration of the premises, the mutual obligations specified in this Agreement, andother good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the partieshereby agree as follows:I.
 
PURPOSE & TERM: Company hereby engages Consultant for an initial term of 
 
12 months (“InitialTerm”), commencing on
______ , 2010,
to render consulting services as described in Article IIhereof. However, either party may terminate this Agreement during the Initial Term upon ninety (90)days prior written notice. From and after ________, this Agreement shall remain in full force andeffect and may be terminated upon thirty (30) days prior written notice. During such notice periods,the parties shall continue to perform all obligations under this Agreement, including payment of monthly installments and reimbursements of expenses in accordance with Articles III and IV hereof.II.
 
DUTIES OF CONSULTANT: During the term of this Agreement, Consultant shall use its bestefforts to provide Company the services as described below.A.
 
New Business Development consulting services
(“Business Development Services”), which shall include:
 1.
 
Consulting with the Company to identify new business opportunities2.
 
Developing sales and marketing strategies in conjunction with the
Company’s existing
product and service offering;3.
 
Consulting with the Company to develop and project manage web based,mobile and other software solutions utilizing consultant offshoreDevelopment Centers;4.
 
Providing such other revenue generating advice and consulting as theCompany may reasonably request from time to time.III.
 
COMPENSATION: In consideration for the Business Development Services rendered byConsultant to Company pursuant to this Agreement, Company shall pay Consultant EightThousand Five Hundred dollars ($8,500.00) per month beginning _________, with said monthlyfee billed in advance on the first of each month and becoming due and payable within thirty (30)days.IV.
 
EXPENSES: It is mutually agreed upon that in addition to the compensation set forth in ArticleIII Company shall reimburse Consultant for all itemized out-of-pocket expenses incurred byConsultant on behalf of Client including any, telephone bills, overnight deliveries,
teleconferencing services, travel and lodging (the “Itemized Expenses”). Any and all Itemized
Expenses shall be supported by receipts or other written evidence of such expenditures maintained
at Consultant’s offices, unless otherwise requested by Company. All reimbursements shall be
 
 
Standard Consulting Agreement
 
2 of 3
made by Company within thirty (30) business days of receipt of Consultant’s invoice. Approval by
Company shall be obtained by Consultant prior to any individual expenditure in excess of twohundred and fifty dollars ($250.00).V.
 
SERVICES TO OTHERS: Company acknowledges that Consultant is in the business of providingBusiness Development Services to other businesses and entities. Co
nsultant’s services hereunder 
are not exclusive to Company and Consultant shall have the right to perform the same or similarservices for others, as well as engage in other business activities.VI.
 
CONSULTANT AS INDEPENDENT CONTRACTOR: Consultant shall perform its servicesunder this Agreement as an independent contractor and not as an employee or affiliate of Company.VII.
 
AGREEMENT BINDING: The rights and obligations under this Agreement may be assigned byConsultant to a successor, merger partner or assignee at any time. This agreement, and theobligations set forth herein, shall be binding on any and all successors and assigns of the parties,including, without limitation, any corporation or other entity with or into which Consultant orCompany is merged or consolidated, or any entity which acquires all or substantially all of theassets of Consultant or Company. In connection with any sale, merger, consolidation oracquisition of assets described in the preceding sentence, Consultant and/or Company, as the casemay be, shall take all actions permissible under applicable law in order to cause such other entityto expressly assume its liabilities, obligations and duties hereunder, including, without limitation,the balance of services or monthly payments that become due pursuant to this contract.VIII.
 
Intentionally OmittedIX.
 
Intentionally OmittedX.
 
ENTIRETY: This instrument sets forth the entire agreement between Consultant and Company.No promise, representation or inducement, except as herein set forth, has been made by eitherparty to this Agreement. Should any provision of this Agreement be void or unenforceable, therest of this Agreement shall remain in full force. This Agreement may not be canceled, altered, oramended except in writing.XI.
 
SEVERABILITY: Any term or provision of this Agreement which is invalid or unenforceable inany jurisdiction shall, as to such jurisdiction, shall be ineffective to the extent of such invalidity orunenforceability without rendering invalid or unenforceable the remaining terms and provisions of this Agreement or affecting the validity or enforceability of any of the terms and provisions of thisAgreement in any other jurisdiction.XII.
 
DEFAULT: Should either party default under any of its obligations herein, the other mayimmediately terminate this agreement. In addition to termination, the terminating party may alsoelect to seek to recover all sums due hereunder, together with interest at the rate of twelve (12%)percent per annum, and together with reasonable attorney's fees and costs, including but notlimited to court filing fees, service of process fees, travel and lodging expenses to attend
 proceedings and any other costs associated with enforcement of the other party’s obligations
herein. Rights hereunder shall be cumulative rather than exclusive and election of any remedyshall not serve to limit either party from further pursuing any other remedy provided for under thisagreement or the laws of any state having jurisdiction over this agreement.XIII.
 
GOVERNING LAW: This Agreement shall be governed by the laws of the State of Minnesota,without regard to its conflicts of law rules. Any controversy or claim arising out of or relating tothis Agreement, or the breach of this Agreement, that cannot be resolved by the parties hereto,shall be shall be tried accordingly in the County of Hennepin, Minnesota.

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