Engagement and Services. 1.1 The Company agrees to and does hereby engage the Consultant, and the Consultant agrees to and does hereby accept engagement by the Company to (i) to maximize awareness of the Company’s brand, stores and products; (ii) identify strategic partners, growers and other potential customers for the Company; and (iii) negotiate and close on sales of the Company’s products to growers and other potential customers (which growers and potential customers identified by the Consultant shall be defined as “New Clients” herein). For purposes of this Agreement, New Clients shall not include any customers or clients with whom the Consultant or Green Growers, Inc. have done business prior to the date of this Agreement (ie the customers identified on Exhibit A).
1.2 The Consultant shall deliver a list of all Green Grower customers to the Company upon execution of this Agreement, a copy of which shall be attached hereto as Exhibit A. The Consultant hereby authorizes the Company to contact and/or transact business with any of such customers.
1.3 The names and date of initial contact with all New Clients shall be delivered in writing to the COO of the Company. If approved by the Company’s COO, the Consultant shall be eligible to earn sales compensation for sales of goods and/or services by the Company to the approved New Clients as provided in Section 3.2 of this Agreement. New Clients not approved or denied by the Company within five (5) business days of submission shall be deemed approved.
1.4 The Company shall provide the Consultant with marketing support, including online and print materials, to assist the Consultant in its duties hereunder.
1.5 The Consultant shall render to the Company the services described above, with respect to which the Consultant shall apply its best efforts and attention to perform its duties hereunder and advance the interests of the Company. The Consultant shall report to the Chief Operating Officer and such other persons as the Chief Operating Officer may direct.
1.6 The Consultant represents and warrants that all information relating to the Company and its products, including brands, description and prices that Consultant delivers to potential customers shall be complete and accurate in all material respects.
1.7 The Company reserves the right to approve in advance any use or reference to the Company’s name, likeness, image or brand in any way.
1.8 The Consultant is not authorized or entitled, nor does it have the right to bind or commit the ...
Engagement and Services. ENGAGEMENT: DRC engages the Contractor to provide and perform the services as stated in the Terms of Reference (the “Services”) attached to this Contract as Annex B. The Contractor accepts the engagement. The Parties agree that this Contract creates an independent contractor relationship, not an employment relationship. The Contractor is solely responsible for declaring any income resulting from, and to pay any taxes related to this Contract as per the tax legislation in the country of assignment.
Engagement and Services. The Company hereby engages Consultant as an independent contractor for a period of one year from the effective date of this Agreement ("Initial Term") and not as an employee. The Company recognizes that Consultant may render consulting services to other companies which may or may not conduct activities similar to those of the Company. During the Initial Term or any renewal term of this Agreement, Consultant shall be free to render such advice and other services to other companies, provided that such companies are not competitors of the Company. Consultant shall be required to devote any time it feels is appropriate per month and attention to the performance of their duties hereunder. Upon the expiration of the Initial Term or any renewal term of Consultant's engagement hereunder, the term of such engagement automatically shall be renewed for an additional term of one year unless Consultant or the Company shall give notice of the termination of Consultant's engagement and this Agreement by written notice to the other no less than 30 days prior to the date of expiration of the Initial Term or any renewal term. Under no circumstances shall Consultant be entitled to any benefits or compensation of any kind or nature whatsoever from the Company (including, but not by way of an limitation thereof, paid vacation time off, other time off, participation in any relocation allowance plan of the Company, medical, dental or other group health plans, accident benefits, life insurance benefits, pension or profit sharing plans or incentive plans for management), except as is set forth herein. Consultant hereby accepts such engagement. Consultant shall perform such services in a diligent, lawful and reasonable manner consistent with professional standards in the field. At no time and under no circumstances shall Consultant be deemed to be an employee of the Company.
Engagement and Services. The Company hereby engages Consultant to render to the Company certain consulting services, as the Consultant and the Company shall mutually determine from time to time, including without limitation, business advisory work and introducing the company to the financial community. The Consultant hereby accepts such engagement and shall diligently perform the Consulting Services for the Company. The Consulting Services will be provided from time to time on a best efforts basis by Consultant.
Engagement and Services. 2.1. Subject to the terms and conditions set forth herein, the Company hereby retains the Consultant on a consulting and advisory basis and as an independent contractor to serve as the Executive Director and Vice Chairman of the Board, to promote the Company's affairs, assist with matters relating to the Company's technology and provide such other services as set forth in Exhibit A, attached hereto (collectively, the “Services”). The Consultant hereby accepts such engagement and shall report directly to the Board.
2.2. During the Term, the Consultant shall attend all Board meetings in person or via conference call, Board and management conference calls as may be reasonably necessary or appropriate, make himself available to the Company at mutually convenient times and places and perform such other duties and responsibilities as may be reasonably necessary in connection with serving as an Executive Director and Vice Chairman of the Board.
2.3. The Consultant shall perform the Services diligently and faithfully, use his best efforts to promote the interests of the Company and comply with his fiduciary duty obligations as imposed by Delaware law. The Consultant shall at all times act as a fiduciary in the service and best interests of the Company.
2.4. In connection with the performance of the Services hereunder, the Consultant through its principal, Xx. Xxx Xxxxxx shall devote and spend a substantial amount of time, as may be necessary and required by the Company, per month in the offices of the Company, including without limitation, in instances when the Company's Chief Executive Officer travels abroad.
2.5. Without limiting any other obligation of the Consultant, the Consultant shall perform the Services in compliance with all applicable laws, rules, or regulations including, without limitation, the laws of the state of Delaware, U.S. federal and state securities laws and regulations. The Consultant shall obtain all permits, permissions or authorizations required to comply with those laws, rules, or regulations (to the extent applicable) in connection with the engagement contemplated hereunder and the performance of the Services.
2.6. The Consultant represents and warrants that in performing the Services contemplated by this Agreement he will not infringe or violate any third-party’s trade secrets, proprietary information, trademark, copyright, patent or other intellectual property or proprietary rights of any kind or nature. The Consultant will not undert...
Engagement and Services. 1.1. The Contractor’s engagement under this Agreement will begin on [start date] and will terminated on [end date], subject to the termination provisions in this Agreement.
1.2. During the term of this Agreement, the Contractor will provide the services described in Appendix “A”, Terms of Service, as requested by the Association (the “Services”). The Contractor represents that they have the required qualifications, skills and experience to provide the Services.
1.3. The Contractor is free to provide services to other clients during the term of this Agreement, so long as such activities do not interfere or conflict with the obligations under this Agreement.
1.4. A party who wishes to renew this Agreement must provide notice to the other party at least thirty
Engagement and Services. 1.1. The Customer engages WebbyTech to perform the services (the “Services”) and/or supply the third-party software and/or hardware (the “Products”) as set out in the attached Schedule and/or Quotation as amended from time to time in accordance with the terms of this Agreement.
1.2. The Schedule and/or Quotation shall (as amended from time to time in accordance with the Change Control Procedure) set out:
1.2.1. details of the Services to be performed and the Fees to be paid to WebbyTech by the Customer;
1.2.2. details of the Products to be supplied by WebbyTech and the Fees to be paid by the Customer; and
1.2.3. any special terms different from the terms of this MSA.
1.3. The Services shall commence on the date set out in the Schedule (the “Commencement Date”) and shall continue, unless terminated earlier in accordance with this Agreement for an initial term of {{term}} (the “Initial Term”).
1.4. The Initial Term shall automatically be extended for successive {{months}} month periods (“Renewed Term”) at the end of the Initial Term and at the end of each Renewed Term, unless either party gives written notice to the other party, not later than 30 days before the end of the Initial Term or the relevant Renewed Term, to terminate the Services at the end of the Initial Term or the relevant Renewed Term (as the case may be).
1.5. This MSA, the Schedules and Quotation shall prevail over any inconsistent terms or agreement contained in, or referred to in or on any document issued by the Customer, or as may be implied by law, trade custom, practice or course of dealing.
1.6. The Schedule and Quotation shall form part of this MSA and shall be deemed incorporated into the Agreement and the supply of the Services and/or Products shall be governed by the Agreement. Where the terms of the Schedule and/or Quotation conflict with the terms of this MSA, the terms of the MSA shall prevail.
Engagement and Services. During the Term, the Service Provider is engaged as an independent contractor and shall provide, or cause another Person to provide, the Services to the Company Group. The Service Provider is authorized to enter into (or cause the applicable member of the Company Group to enter into) and act on the Company Group’s behalf, as agent, in connection with any agreement necessary with third parties, including, without limitation, any agreements with purchasers of hydrocarbon products produced from the Properties, providers of transportation services for such production and service companies that provide drilling, completion and other similar oilfield services. Furthermore, all debts and liabilities to third parties incurred by Service Provider under this Agreement while providing the Services shall be the debts and liabilities of the Company Group, and Service Provider shall not be liable for any such obligations by reason of providing the Services on behalf of the Company Group. Nothing in this Agreement shall operate to create any special or fiduciary duty between the Parties. All personnel involved in the Services shall not be deemed, solely because of the provision of this Services or for any other reason, to be an employee of the Company Group. Notwithstanding anything to the contrary in this Agreement, the Parties hereby acknowledge and agree that the General Partner shall have the exclusive authority to appoint an independent accounting firm to audit the financial statements of the Company Group and to appoint independent petroleum engineers to provide reports to the Company Group relating to estimates of the Company Group’s proved reserves associated with the Properties.
Engagement and Services. Engagement and Acceptance
1.1 Subject as herein provided:
(a) the Company hereby engages the Consultant to provide those senior executive and management services set out in §1.3; and
(b) The Consultant accepts such engagement and will provide the Services in a faithful, diligent and honest manner.
Engagement and Services. HealthMarkets engages Consultant on an “as needed” basis, and Consultant accepts such engagement with HealthMarkets, for the Term (as defined in Section 6), to perform legal consulting services (the “Services”). Consultant shall perform the Services in a competent and professional manner and upon the terms and subject to the conditions set forth in this Agreement.
