AGREEMENT FOR SERVICES AND REPRESENTATION
-----------------------------------------
I, Xxxxx Xxxxxxxx, as Chairman of the Board and CEO on behalf of
QuikBIZ Internet Group, Inc., a public Nevada corporation (hereinafter, client),
hereby retain and employ the Law Office of Xxxx X. Xxxxxxxx, P.A. (hereinafter,
Attorney), to undertake legal representation on behalf of the client in
connection with the following matter: Corporate counsel as may be mutually
agreed between the parties from time to time.
1. COSTS AND ADVANCES: Aside from the fee for professional services as
described infra in periodic billing, the parties agree that the Attorney shall
be reimbursed for costs advanced on behalf of the client. The Attorney shall
have the authority to make costs advances on the client's behalf provided that
the client approve said costs in writing, which shall be for expenses,
including, but not limited to, long-distance telephone calls, postage,
photocopies (Xerox), notary public fees, out-of-town (out of Broward County)
travel expenses (including meals and lodging while out-of-town), deposition
expenses (including cost of transcript and court reporter's fee for attendance),
court costs (such as filing fees, service of process, subpoena costs, witness
fees, etc.), accounting and appraisal fees, and expenses of other experts which
are deemed necessary to assist in the preparation and trial, or the proper
handling of the case or the matter, for which the Attorney is being retained.
2. ATTORNEY'S FEES FROM ADVERSE PARTY: Under certain circumstances, the
client may be entitled to Attorney's fees from the adverse party. Because fees
and costs awards are totally unpredictable, it is expressly acknowledged that it
is the client's responsibility to pay the total Attorney's fees. Amounts
collected from the adversary will be credited to client's account. The court
award of fees, if any, does not set or limit the Attorney's fees in any way. The
collection of fees form the adverse party is an additional service o the
Client's behalf, and the Client is expected to pay the Attorney a further fee on
the same basis as is set forth in this Agreement for performing such service.
3. PERIODIC BILLING:
(a) The Attorney will compute, on a quarterly basis, billing
for fees based upon the actual amount of time that has been devoted to the
Client, as well as the costs advanced on behalf of the Client. The monthly
billing for fees is based upon an hourly charge of $200.00. The hourly rate
shall include but not be limited to: Time spent on the telephone, in
negotiation, for legal research, court appearance, mediation, depositions, and
for travel t o and from locations away from Attorney's office for related
matters to Client. The Attorney's compensation and reimbursement for costs shall
be taken in the form of equity of the Client, registered under Form S-8 pursuant
to the Securities Exchange Act of 1934, on a quarterly basis at the purchase
rate equivalent to the bid price of the Client's stock at the end of said
quarter.
(b) Attorney's bills are repayable upon receipt. Client agrees
and understands that failure to make payment is a material breach of this
agreement, and will entitle the Attorney to withdraw without further authority
from Client. Client understands and agrees that Attorney shall have the option
to cease continued work on the Client's behalf and/or withdraw from
representation of Client's interest.
(c) In the event it is necessary to institute suit for
collection of fees due to the Attorney by the Client, the Client will pay, in
addition to any judgment for such fees and advances, all costs and expenses
necessitated thereby, including reasonable Attorney's fees for suit.
(d) The provisions of this agreement at the Attorney's
discretion may be disclosed to the Court in connection with any application by
Attorney for fees for services that may be rendered on Client's behalf, and the
Attorney has the right to advise the Court of any amounts that have been
received on account of fees.
4. TERMINATION OF REPRESENTATION: The Client shall have the right
to
1
terminate the Attorney for any reason, but will be obligated to reimburse costs
and forward compensation for work performed to-date in accordance with the terms
of this Agreement. The Attorney shall have the right to withdraw from
representation or any case if the Client does not make payments required in this
Agreement, if the Client has misrepresented or failed to discuss material facts
with the Attorney. If any of these events shall occur, the client shall execute
such necessary documents as will permit the Attorney to withdraw. The Attorney
shall have a lien on all documents, property, or money in the Attorney's
possession for the payment of all sums due to the Attorney from the client under
the terms of this Agreement.
5. REPRESENTATIONS: The Client acknowledges that the Attorney has made
no guarantees whatsoever in the disposition of any phase of the matter or
matters for which the Attorney has been retained and all expressions relative to
it are only opinions of the Attorney.
6. SEVERABILITY: If any paragraph, sentence, clause or phrase of this
agreement is for any reason declared to be illegal, invalid, unconstitutional,
void or unenforceable, all other paragraphs, sentences, clauses or phrases
thereof not so held shall be and remain in full force and effect.
7. VENUE: The parties agree that this Agreement shall be governed by
the laws of the State of Florida.
Dated this 15th day of July, 1998
QuikBIZ Internet Group, Inc. Xxxx X. Xxxxxxxx, P.A.
0000 XX 00xx Xxxxxx, Xxxxx 000 0000 X. Xxxxxxx Xxxxxxx, Xxxxx 000
Xxxx Xxxxxxxxxx, XX 00000 Xxxx Xxxxxxxxxx, XX 00000
By: s/Xxxxx Xxxxxxxx By: s/Xxxx X. Xxxxxxxx
------------------------------ ------------------------------
Xxxxx Xxxxxxxx, Chairman & CEO Xxxx X. Xxxxxxxx, Esquire
2
