EXHIBIT 10.16
SECOND CONSULTANT AGREEMENT
This Agreement, made and entered into as of the 1st day of April 2003, effective
January 1, 2004, until December 31, 2004, by and between Mitcham Industries,
Inc. (Company) and Xxxxxxx X. Xxxxxxxx (Consultant).
WITNESSETH:
WHEREAS, Company has the need for the services of a consultant experienced in
certain aspects of logistics of moving leased equipment in the foreign
operations of the Company's business;
WHEREAS, Consultant has such experience and is willing to perform such services
for Company in the areas of his competence;
Now, therefore, the parties agree as follows:
1. Consultant agrees to exert its best efforts on projects and
tasks mutually agreed to by Consultant and Company.
Consultant's performance thereof shall be to the satisfaction
of Company's designated representative.
2. In consideration of such efforts, Company agrees to pay
Consultant at the rates indicated in the work schedule set
forth in the Attachment to the Agreement between Xxxxxxx X.
Xxxxxxxx and Company.
3. Consultant agrees that whatever knowledge and information is
learned during the term hereof and incident to the efforts on
behalf of Company is proprietary and confidential as to
Company, and Consultant will not, without the written consent
of Company, disclose any of said knowledge or information
until such information may become public.
4. The parties understand and agree that Consultant is an
independent contractor and not an agent or employee of Company
nor is any agency relationship hereby created.
5. Consultant shall comply with all plant rules and regulations
whenever an assignment requires his presence at a plant or
other facility owned or operated by Company or one of its
subsidiaries or affiliates, vendors or customers.
6. Consultant agrees to comply with Company's policy of
drug/alcohol free work environment, and will submit to a drug
test at any time requested by Company or one of its
subsidiaries or affiliates. Consultant understands that
failure to comply therewith will be cause for immediate
termination of this Agreement and removal from any plant or
other facility owned or operated by Company or one of its
subsidiaries or affiliates.
7. Consultant agrees that he will not purport to bind the Company
to any agreement or obligation.
8. COPYRIGHT. All materials, reports, or other documents produced
in whole or in part under this Agreement shall be the property
of Company and shall not be the subject of an application for
copyright by or on behalf of Consultant without the prior
written consent of Company.
9. INDEPENDENT CONTRACTOR. The Consultant understands and
acknowledges that as an independent contractor, no employer -
employee relationship is hereby created.
10. All notices required or permitted by the terms hereof shall be
sent to the following address:
Consultant: Company Representative:
Xxxxxxx X. Xxxxxxxx Mitcham Industries, Inc.
0000 Xxxxxx Xxxx 00000 Xxxxxxx 00 Xxxxx
Xxxxxxxxxx, Xxxxx 00000 X.X. Xxx 0000
Xxxxxxxxxx, Xxxxx 00000-0000
11. TAXES and CONTRIBUTIONS. Consultant assumes full
responsibility for and agrees to pay all contributions and
taxes payable under federal and state social security laws,
unemployment compensation laws and income tax laws as to all
of his employees engaged in the performance of work hereunder,
and to pay any and all valid sales or use taxes levied on
supplies, materials, equipment, and services performed by
Consultant hereunder. Consultant further agrees to indemnify
Company from any tax, interest, or penalty which Company may
be required by law to pay on account of its failure to
withhold any amounts from payments made to Consultant or, on
account of Consultant's or failure to comply with federal or
state law or the rules and regulations of administrative
officials or boards charged with the enforcement of the
federal and state acts referred to above.
12. Consultant shall not assign this Agreement or subcontract any
of the work hereunder without first obtaining Company's
written consent.
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13. This Agreement will be construed according to the law of the
State of Texas except for the conflicts of law jurisprudence
of the State of Texas.
14. Nothing contained herein shall preclude Consultant from
accepting any other employment or consulting positions during
the term of this Agreement, it being the parties intention
that regardless of Consultant's other employment Consultant
will be entitled to the compensation contemplated herein.
Company agrees that it will accommodate Consultant's schedule
for tasks assigned to Consultant under this agreement.
CONSULTANT MITCHAM INDUSTRIES, INC.
/s/ Xxxxxxx X. Xxxxxxxx /s/ Xxxxx X. Xxxxxxx, Xx.
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Xxxxxxx X. Xxxxxxxx Xxxxx X. Xxxxxxx, Xx., President
and CEO
Date: April 4, 2003 Date: April 1, 2003
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