BUSINESS CONSULTANT AGREEMENT
January 1, 2005
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THIS AGREEMENT, dated this 1st day of January, 2005, ("Agreement"), by and
between Denali Concrete Management, Inc., ("Company"), whose principal place of
business is Anchorage, AK and Xxxxxxx X. Xxxxxx, ("Consultant"), whose principal
place of business is Anchorage, AK, do hereby covenant and agree as follows:
1. Consultation Services: The Company hereby retains the Consultant to
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perform the following services:
The Consultant will consult with the Company concerning matters relating to
performing due diligence on businesses; and generally any matters business
arising out of the affairs of said businesses, including business evaluation,
business plan development and implementation, corporate structure, research,
development and improvement of the Company's business.
2. Terms of Agreement: This Agreement shall commence on the 1st day of
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January, 2005, and will terminate on the 1st day of January, 2006. Either party
may cancel this Agreement upon thirty (30) days written notice, by certified
mail or hand-delivery to the other party.
3. Place Where Services Will Be Rendered: The Consultant will perform
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most services in accordance with this Agreement at the Consultant's places of
business. In addition, the Consultant will perform services on the telephone,
email, and at such other places as deemed prudent by the Consultant in
performing services in accordance with this Agreement.
4. Payment to Consultant: The Consultant will be paid up to
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$150,000 for work performed in accordance with this Agreement. The Company
shall pay for additional itemized expenses related to the performance of the
Consultants services, including, but not limited to, postage, telephone, travel
and entertainment expenses. The Company agrees to make payment within 15 days
of time of receipt of written statement from Consultant itemizing fees and
expenses.
5. Independent Contractor: Both the Company and the Consultant
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agree that the Consultant will act as an independent contractor in the
performance of its duties under this Agreement. Accordingly, the Consultant
shall be responsible for payment of all taxes, including federal, state, and
local taxes.
6. Confidential Information: The Consultant agrees that any
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information received by the Consultant in furtherance of the Consultant's
obligations in accordance with this Agreement, which concerns the person,
financial or other affairs of the Company, will be treated by the Consultant in
full confidence and will not be revealed to any other persons, firms or
organizations.
7. Employment with Others: The Company may from time to time,
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request that the Consultant arrange for the services of others. All
pre-approved costs to the Consultant for those services will be paid by the
Company, but in no event, shall the Consultant employ others without the prior
authorization of the Company.
8. Governing Law: All matters pertaining to this Agreement
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(including its interpretation, application, validity, performance and breach),
shall be governed by, construed and enforced in accordance with the laws of the
State of Alaska. The parties herein waive trial by jury and agree to submit to
the personal jurisdiction and venue of a court of subject matter jurisdiction
located in the State of Alaska.
9. Signatures: Both the Company and the Consultant agree to the
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above Agreement
/s/ Xxxxxxx X. Xxxxxx
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Xxxxxxx X. Xxxxxx
COMPANY
/s/ Xxxxxxx X. Xxxxxx
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Xxxxxxx X. Xxxxxx
CONSULTANT
