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EXHIBIT 6(c)
CONSULTING AGREEMENT
This Agreement is effective as of April 14, 1999, by and between
Xxxxxxx X. Xxxxxx, (hereinafter referred to as "CONSULTANT"), and Austin Funding
Corporation, a Texas Corporation, with offices at 000 Xxxxxxxx Xxxxxx, Xxxxx
000, Xxxxxx, Xxxxx 00000 (hereinafter referred to as "COMPANY").
In consideration of the mutual promises contained herein and as a
memorialization of the terms of performance of the work described herein, the
parties agree as follows:
1. SCOPE OF WORK.
CONSULTANT agrees to perform certain consultant services relating to
COMPANY'S business. COMPANY hereby retains CONSULTANT to perform such services
pursuant to the terms hereinafter set forth.
2. COMPENSATION AND REIMBURSEMENT OF EXPENSES.
(a) COMPANY agrees to pay CONSULTANT $15,000.00 per month payable
within 10 days of each successive month.
3. CONFIDENTIAL INFORMATION.
CONSULTANT agrees to keep all information relating to COMPANY and the
customers of the COMPANY to which they acquire access confidential, if not
already known to the general public, and also agrees not to use or disclose such
confidential information to any other person for any purpose without the express
written consent of COMPANY.
4. INDEPENDENT CONTRACTOR.
CONSULTANT is and shall perform this Agreement as an independent
contractor, and, as such, shall have and maintain sole control over his
operations and/or services. CONSULTANT shall not be, represent, act, report to
act, or be deemed to be the agent, representative, employee or servant of
COMPANY. CONSULTANT is responsible for any income or other tax. The amounts
payable to CONSULTANT hereunder are inclusive of any gross receipts, sales or
other tax. CONSULTANT is obligated to indemnify COMPANY for any loss of COMPANY
arising from CONSULTANT's failure to pay any tax.
5. TERMINATION.
(a) This Agreement shall terminate at such time CONSULTANT sells,
transfers, or assigns the shares of capital stock in Company held by him.
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(b) The provisions in Paragraphs 3 and 4 shall survive the termination
of any other obligations under this Agreement.
(c) If either party shall at any time default in the payment of any fee
or commit any breach of any promise or agreement contained in any paragraph and
shall fail to remedy any such default or breach within seven days after written
notice by the other party, the other party may at its option terminate its
obligations under this Agreement with the exception of the obligations in
Paragraphs 3 and 4. By exercising its option to terminate its obligations under
this Agreement, a party does not waive its right to damages for a breach
previously committed by the other party.
6. FAILURE TO ENFORCE.
Failure by either party to enforce at any time, or for any period of
time, a provision hereof shall not be construed to be a wavier of such provision
or the right of such party thereafter to enforce each and every such provision.
7. APPLICABLE LAW.
This Agreement is to be interpreted in accordance with the laws of the
State of Texas (except conflicts of law provisions) in effect at the time of the
execution of this Agreement. Under this Agreement, venue shall lie in the County
of Xxxxxx in the State of Texas.
8. NOTICES.
Any notice, communication or statement required or permitted to be
given hereunder shall be in writing and deemed to have been sufficiently given
when delivered in person or by certified mail, return receipt requested postage
prepaid, to the address of the respective parties below or other address if the
respective party is notified of new address in writing:
CONSULTANT: Xxxxxxx X. Xxxxxx
0000 Xxxxxxxx, Xxxxx 000
Xxx Xxxxxxx, Xxxxx 00000
Phone: (000) 000-0000
Fax: (000) 000-0000
COMPANY: Austin Funding Corporation
000 Xxxxxxxx Xxxxxx, Xxxxx 000
Xxxxxx, Xxxxx 00000
Phone: (000) 000-0000
Fax: (000) 000-0000
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IN WITNESS WHEREOF, the parties have executed this Agreement in
duplicate as of the date and year written below.
CONSULTANT
/s/ XXXXXXX X. XXXXXX
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Xxxxxxx X. Xxxxxx
0000 Xxxxxxxx, Xxxxx 000
Xxx Xxxxxxx, Xxxxx 00000
COMPANY:
Austin Funding Corporation
By:
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Xxxxx XxXxxxxx, President
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