EXHIBIT 10.08
FORM 10-Q
QUARTER ENDED SEPTEMBER 30, 2001
AGREEMENT
This Agreement effective July 25, 2001 is between Xxxxxxx X. Xxxxxxxxxx
("Xxxxxxxxxx") and Bucyrus International, Inc. ("Bucyrus")
In consideration of the mutual covenants and agreements set forth herein, the
parties hereto agree as follows:
1. During the term of this Agreement, Xxxxxxxxxx agrees to perform certain
consulting services for Bucyrus, including assisting in certain
litigation involving Bucyrus. Such consulting services shall be
performed at mutually convenient and reasonable time and places in the
United States as agreed to by Xxxxxxxxxx and Bucyrus.
2. Bucyrus shall pay Xxxxxxxxxx $1,500.00 per day for the consulting
services to be performed by Xxxxxxxxxx.
3. In addition to the payment under paragraph 2 above, Bucyrus shall
reimburse Xxxxxxxxxx for reasonable out of pocket travel and other
expenses incurred at Bucyrus' direction and on Bucyrus' behalf.
4. The consulting fees and expenses shall be paid and reimbursed on a
monthly basis against time and expense statements submitted by
Xxxxxxxxxx and approved by X. X. Xxxxxxxx.
5. This Agreement shall commence as of the date set forth above and shall
continue for a term of twelve (12) months. Notwithstanding the
foregoing, either party may terminate this Agreement upon not less than
thirty (30) days prior written notice.
6. This Agreement may not be assigned by Xxxxxxxxxx without the prior
written consent of Bucyrus.
7. Xxxxxxxxxx'x relationship with Bucyrus under this Agreement is that of
an independent contractor.
8. This Agreement shall be governed by and construed in accordance with
the laws of the State of Wisconsin.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date first written above.
BUCYRUS INTERNATIONAL, INC.
/s/X. X. Xxxxxxxx /s/X. X. Xxxxxxxxxx
X. X. Xxxxxxxx Xxxxxxx X. Xxxxxxxxxx
President