CONSULTING AGREEMENT
This Consulting Agreement ("Agreement") is entered into as of the 2nd day of
June 1998 by and between Xxxxxx Xxxxx ("Consultant") an individual, and
Choices Entertainment Corporation (the "Company") a Delaware corporation.
WHEREAS, the Company is interested in obtaining the consulting services
of the Consultant and Consultant is interested in performing such services
for the Company;
WHEREAS, the Company hereby engages and retains Consultant to act as its
agent to assist it in reorganizing and repositioning the Company and
analyzing various candidates for merger with the Company and developing short
term expansion and acquisition strategy.
NOW THEREFORE, in consideration of the premises, the covenants and the
conditions contained herein, the promises made hereby and other good and
valuable consideration, the receipt of which is hereby acknowledged, it is
hereby agreed as follows:
1. Consultant's services are needed, in part, because Company's
existing officers and certain directors have resigned from the
Company.
2. The Consulting fee for Consulting services shall be $10,000 per
month commencing as of the date first above written and ending as
of December 31, 1998, unless Consultant accepts employment which
renders performance hereunder impossible in which case the
agreement shall terminate as of the date of Consultant's employment.
3. Company shall accrue the fees payable to Consultant and at such
time as funds are available and not required for important
corporate purposes, pay to Consultant in amounts not less than
$10,000 per disbursement the fees accrued pursuant to this contract.
4. No amendment, alteration or modification of this Agreement shall be
valid unless each party duly executes a written instrument, and said
written instrument refers specifically to the Agreement.
5. This Agreement is made and shall be governed by and construed in
accordance with the laws of the State of Florida, without giving
affect to the principles of conflict of laws thereof. The parties
submit to the jurisdiction of the State of Florida for any action
or proceeding arising out of this Agreement and agree that the
venue for any such action shall be in Broward County, Florida.
6. This Agreement and any amendment thereto may be executed
simultaneously or in two or more counterparts, each of which
together shall constitute on and the same instrument.
7. If there is any claim or controversy regarding the terms and
provisions of this Agreement, the prevailing party in any
proceeding shall be entitled to attorney's fees from the
nonprevailing party.
8. No waiver of any covenant, condition or provision of this Agreement
shall be deemed effective, unless such waiver is in writing and
signed by the party against whom such waiver is charged.
IN WITNESS HEREOF, the parties hereto have executed this Agreement as of the
day and years first written above.
By signing below, this Agreement shall be agreed upon and accepted by the
Parties hereto:
On behalf of the Company:
Choices Entertainment Corporation
By: /s/ Xxxxxx Xxxxxxxxx
-------------------------------------
Xxxxxx Xxxxxxxxx, Director
On behalf of Consultant:
Xxxxxx Xxxxx
By: /s/ Xxxxxx Xxxxx
-------------------------------------
Xxxxxx Xxxxx, an individual
