EXHIBIT 10.9
[LETTERHEAD OF EMISSION CONTROL TECHNOLOGY APPEARS HERE]
April 30, 1998
Xx. Xxxxxx Xxxxxxxx Phone: 000-000-0000
Xxxxxxxx Equipment & Engineering Co. Fax: 000-000-0000
000 X. Xxxxxxxxxx Xxxx
Xxxxxxx, XX 00000
Subject: Agreement Regarding EMCOTEK Pollution Control Technology
Dear Xx. Xxxxxxxx:
This letter shall serve to confirm our Non-Exclusive Agreement regarding the
potential sale of medical and related waste incineration system(s) through your
contacts.
EMCOTEK and its assignees or successors agree to pay an agreed finders fee to
Xxxxxxxx Equipment and Engineering Co. ("Xxxxxxxx") for orders received as the
direct result of your introduction to identified customers in the United Kingdom
and Europe, subject to the following conditions:
1. Xxxxxxxx shall provide all necessary contact information and known
history of the customers prior to the EMCOTEK proposals being prepared.
Any travel deemed necessary by EMCOTEK prior to the receipt of a valid
order and approval of payment for the projects will be paid by the
customer(s). Xxxxxxxx further warrants that all fees and commissions for
agents, etc. are legally paid by Xxxxxxxx from its fee. All parties
further agree that the proposals will be prepared by EMCOTEK and will be
submitted to the customer(s). The "Finder's Fee" provided for in this
Agreement will be included in the pricing shown in the proposals. The
specific amount of this "Finder's Fee" shall be determined on a case by
case basis prior to each proposal being prepared. In the event equipment
purchased by EMCOTEK from third parties is also required, the pricing
will be as agreed.
2. The "Finder's Fee" will be based on the value of goods sold, exclusive
of costs relating to export packaging, freight, taxes, duties or other
necessary non-value added charges.
3. Payment of the agreed upon Fee will be due and payable, on a pro rata
basis, upon receipt by EMCOTEK of monies due under the terms of any
purchase agreement made between EMCOTEK and the customers introduced by
Xxxxxxxx.
4. This Agreement is subject to our confirmation that no previous contact
has been made between EMCOTEK and the potential customers. Confirmation
will be forwarded upon your disclosure of the contact information.
5. This Agreement is valid for a period of eighteen months and can be
renewed upon the agreement of both parties.
I trust that this agreement meets with your approval. Please sign a copy and
return it by telefax and mail Thank you for your interest in working on these
projects. EMCOTEK provides the highest level of operating equipment and customer
support that is available and your customers will enjoy successfully operating
integrated systems when working with us.
Sincerely, Approved by,
/s/ Xxxxxx Xxxxxx
Title /s/ [ILLEGIBLE SIGNATURE]
Xxxxxx Xxxxxx ---------------------------------
President Xxxxxxxx Equipment and Engineering Co.
