CONSULTING AGREEMENT
CONSULTING AGREEMENT
The following document is
an agreement between Xxxxxxxx Xxxxx (“XXXXX”), an individual at
000 X
00xx Xxxxxx, 0X, Xxx Xxxx, XX 00000 and Home Financing Centers, Inc,
(“HFCI”), a
Nevada corporation, of 000-000 Xxxxxxx Xxxxxx, Xxxxxxxxxx,
XX 00000.
WHEREAS HFCI is a company looking for acquisitions; and
WHEREAS BEERS has expertise in the field of finding mergers and acquisitions for public
companies; therefore
I. TERMS
X. | XXXXX shall provide consulting services to HFCI at a rate of $255 per hour, plus repayment of all related expenses. |
B. | HFCI agrees to make payment to BEERS within 15 days of receipt and approval of the invoice. |
II. NOTICE
Any notice required or
permitted under this agreement shall be deemed to have been given
when delivered
in writing by hand, certified mail (return receipt requested) or by commercial
courier, such as FedEx, to the following addresses or to such other addresses as
may have been
given to each party in the manner provided for in this paragraph
____________________
____________________
____________________
In the case of BEERS to:
____________________
____________________
____________________
III. DISPUTES RESOLUTION
The Parties expressly agree
that if one Party requires counsel to enforce the terms of this
agreement, the
prevailing Party shall be entitled to recover reasonable attorney’s fees
and court
costs, if any, from the other, whether or not filings have been made.
In addition, in any adverse
action, the Parties agree to restrict themselves to
claims for compensatory damages and/or
securities issued or to be issued and no
claims shall be made by any Party or affiliate for lost
profits, punitive, or
for multiple or consequential damages.
A. |
This agreement constitutes the entire understanding of the Parties. No
undertakings, warranties or representations, expressed or implied, oral or written, have been made other than as contained herein, and no party shall assert otherwise. This agreement may not be changed or amended orally. |
B. |
Each Party acknowledges that it has had the opportunity to review this agreement
and, as desired, consult with counsel. In the interpretation of this agreement, no adverse presumption shall be made against any Party on the basis that it has prepared, or participated in the preparation of this agreement. |
C. | Headings are for convenience only and shall not be considered when construing this agreement. |
D. | Each provision of this agreement shall be valid and enforceable to the full extent permitted by law. If any provision or its application to any person or circumstance shall to any extent be invalid or unenforceable, then such provision shall be deemed to be replaced by the valid and enforceable provision most substantially similar and the remainder of this agreement and the application of such provision to other persons or circumstances shall not be affected. |
E. | The provisions of this agreement are binding on and inure to the benefit of the Parties and their respective representatives, successors, heirs, and assigns. |
F. | This agreement is governed and construed by the laws of the Commonwealth of Massachusetts. |
G. | This agreement is effective when signed and continues in effect for 30 days, including all a mendments and extensions thereto, unless sooner rescinded or amended in accordance with the provisions of this agreement. |
IN WITNESS WHEREOF, the parties have approved and executed this Agreement.
FOR HFCI | FOR BEERS |
/s/ Xxxx X. Xxxxxx | /s/ Xxxxxxxx Xxxxx |
HOME FINANCING CENTERS 000-000 Xxxxxxx Xxxxxx Xxxxxxxxxx, XX 00000-0000 800-844-1992 |
May 31, 2001
Xxxxxxxx Xxxxx
VIA FACSIMILE
Dear Xx. Xxxxx;
This letter is to confirm our verbal agreement that HFCI will make payment to you in
cash, over the next year, as cash flow allows. Interest shall accrue at 8% on any balance
due. This negates any previous understanding and/or discussions we had related to this
matter.
Please confirm by signing below.
AGREED AND ACCEPTED
FOR HFCI | FOR BEERS |
/s/ Xxxx X. Xxxxxx | /s/ Xxxxxxxx Xxxxx |