4.14
CONSULTING AGREEMENT BETWEEN
INDEPENDENT CONTRACTOR AND CLIENT
WHEREAS, BioGentech, Incorporated, a Nevada Corporation (hereinafter called
"CLIENT") intends to contract with Xxxxxxx X. Xxxxxxxxx, E.A. (independent
contractor - hereinafter called "IC") for the performance of certain general
accounting, audit support, administrative and tax preparation tasks; and
WHEREAS, IC'S principal place of business is located at the following
address: X.X. Xxx 00000, Xxxxxx, XX 00000-0000;
WHEREAS, CLIENT'S principal place of business is located at the following
address:
0000 XxXxxx Xxx, Xxx. 000, Xxxxxx, XX 00000;
WHEREAS, IC declares that IC is engaged in an independent business and has
complied with all federal, state or local laws regarding business permits and
licenses that may be required to carry out said business and the tasks to be
performed under this agreement;
WHEREAS, IC declared that IC is engaged in the same or similar activities for
other clients and that CLIENT is not IC's sole and only client or customer;
THEREFORE, IN CONSIDERATION OF THE FOREGOING REPRESENTATIONS AND THE FOLLOWING
TERMS AND CONDITIONS, CLIENT AND IC AGREE:
1. CLIENT engages IC to perform the following tasks or services:
IC shall provide administrative, and general accounting and
tax preparation services to CLIENT, at such times as the
parties shall mutually agree.
2. CLIENT shall pay IC according to the following terms and
conditions: IC shall xxxx CLIENT for time incurred in the
performance of this Agreement, at the rate of One Hundred
Dollars per hour ($100.00/hr.).
3. IC shall supply all equipment, tools, materials and supplies
to accomplish the designated tasks; performance of the work
shall be conducted at the premises of CLIENT whenever audit
support requirements so dictate. Otherwise, IC shall control
the time, and place of performance under this Agreement.
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Consulting Agreement
Independent Contractor/Client
Page two
4. IC retains the sole right to control or direct the manner in
which the services described herein are to be performed.
Subject to the foregoing, CLIENT retains the right to inspect,
to stop work, to prescribe alterations and generally to
supervise the work to insure its conformity with that
specified in this agreement.
5. No FICA (social security) payroll tax shall be withheld from
the payments to IC by CLIENT; similarly, no federal
unemployment insurance shall be paid by CLIENT on account of
IC, no state or federal income tax shall be withheld from the
payments to IC, and neither state disability insurance nor
state unemployment insurance shall be withheld or paid by
CLIENT on account of IC.
6. No worker's compensation insurance has been or will be
obtained by the CLIENT on account of IC for the tasks to be
performed by IC or IC's employees.
7. IC shall submit invoices to CLIENT in accordance with
paragraph 2. As of the date of this Agreement, CLIENT is
indebted to IC for services rendered and costs advanced in the
amount of Twenty-one thousand five hundred eighty four dollars
($21,584.00), previously invoiced to CLIENT and summarized in
the invoice attached hereto as Exhibit "A".
8. IC's performance under this Agreement commenced with CLIENT's
predecessor, and has continued to the present date. This
Agreement shall continue in force until December 31, 2004 and
may not be terminated earlier except on 60 days prior written
notice.
9. Any dispute between IC and CLIENT concerning the terms and
conditions of this agreement shall be submitted to binding
arbitration pursuant to the laws of the State of California.
EXECUTED this 15th day of March, 2004, in the City of Irvine, County of
Orange, State of California.
CLIENT: INDEPENDENT CONTRACTOR:
/s/ Xxxxxxx Xxxxxxxx /s/ Xxxxxxx X. Xxxxxxxxx
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Xxxxxxx Xxxxxxxx, President Xxxxxxx X. Xxxxxxxxx, E.A.
BioGentech, Inc., a Nevada Corporation
