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EXHIBIT 10.8
AGREEMENT
THIS AGREEMENT, is made and entered into this 30th day of June, 1997, by
and between WACKENHUT CORRECTIONS CORPORATION (hereinafter referred to as "WCC")
and U.S. TECHNOLOGIES INC. (hereinafter referred to as "USXX").
WHEREAS, USXX, through its wholly-owned subsidiary LTI, is an industry
partner with WCC under a 1979 federal government program known as the Prison
Industrial Enhancement program, or PIE; and
WHEREAS, the only present location that USXX and WCC are industry
partners is in the Lockhart Work Program Facility located in Lockhart, Texas, a
facility managed by WCC; and
WHEREAS, it is the intent of the parties to expand their industry partner
relationship in other facilities and in other states, on the terms and
conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual promises, terms, covenants
and conditions set forth herein, and the performance of each, the parties hereto
intending to be legally bound hereby, agree as follows:
1. That USXX and WCC will enter into this Agreement for one (1) year,
effective the above date, said one year term automatically renewable year to
year thereafter, unless canceled in writing by either party within 90 days prior
to its anniversary date.
2. That USXX agrees during the contract period of time not to operate
in any other prison programs, including but not limited to the PIE program, with
any other companies except WCC.
3. That WCC agrees during the contract period of time to allow USXX
to operate as its industry partner (under the PIE program or otherwise) in any
prison facility managed by WCC.
4. That WCC agrees during this period of time to determine what
products they are purchasing outside of WCC for use inside WCC facilities and
locations. WCC may, to the extent possible, purchase said products from USXX.
USXX must be able to match the existing terms, quality, and shipping schedules
of WCC's current suppliers with regard to those products.
5. Both WCC and USXX acknowledge they will derive a joint benefit
from this arrangement, and agree it is in the best interest of the PIE program.
6. All notices, requests, consents, and other communications under
this Agreement shall be in writing and shall be deemed to have been delivered on
the date personally delivered or on the date deposited in a receptacle
maintained by the United States Postal Service for such purpose, postage
prepaid, by certified mail, return receipt requested, addressed to the
respective parties as follows:
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If to WCC: Xxxxxxxx XxXxxx Persante
Senior Vice President, Contract Compliances
Wackenhut Corrections Corporation
0000 Xxxxxxxxx Xxxxx
Xxxxx 000
Xxxx Xxxxx Xxxxxx, Xxxxxxx 00000
If to USXX: X.X. Xxxxx
President/CEO
U.S. Technologies Inc.
One Buckhead Plaza
0000 Xxxxxxxxx Xxxx, X.X.
Xxxxx 0000
Xxxxxxx, Xxxxxxx 00000
7. This Agreement shall be binding and effective upon the parties
hereto and their successors and permitted assigns, provided, however, that the
parties should not assign this Agreement without the written consent of each
other.
8. This Agreement in all respects shall be construed according to the
laws of the State of Florida.
9. This Agreement may be executed in two or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute
but one and the same instrument.
10. This instrument contains the entire Agreement of the parties and
all prior representations, understanding and agreements, either oral or in
writing, between the parties hereto with respect to the subject matter and all
such prior or contemporaneous representations, understandings and agreements,
both oral and written, are hereby terminated. This Agreement may not be
modified, altered or amended except by written agreement of the parties.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the
day and year first above written effective as of the effective date.
U.S. TECHNOLOGIES INC.
By: /s/ X.X. Xxxxx
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X.X. Xxxxx
President and CEO
WACKENHUT CORRECTIONS CORPORATION
By: /s/ Xxxxxxxx XxXxxx Persante
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Xxxxxxxx XxXxxx Persante
Senior Vice President, Contracts
