CONSULTING AGREEMENT
THIS AGREEMENT (the "Agreement") made and entered into this 17 day of September 2003, by and between FORTIS ENTERPRISES, a Nevada corporation (hereinafter referred to as the "Company" or "FRTE") and Florida Catastrophe Corp. (hereinafter referred to as the "CONSULTANT").
WHEREAS, Consultant and FRTE have agreed to finalize the terms of Consultant's services with FRTE and reduce those terms to writing in this Agreement.
WHEREAS, Consultant has acquired outstanding and special skills and abilities and an extensive background in and knowledge in the Insurance Restoration industry. Some of the services that Consultant specializes in are:
* General Contracting
* Residential & Commercial Structural Reconstruction
* Mold/Mildew Remediation
* Fire Restoration
* Water Extraction & Drying Services
* Foundation and Sinkhole Restoration
* Content Cleaning, Packing, Moving & Storage
* Vehicle Damage Restoration
* Smoke (structural cleaning & deodorization)
* Vandalism Board Ups and Securing
* Emergency Tree Removal, Board Ups & Weatherproofing
WHEREAS, FRTE desires the association and services of Consultant in order to retain its experience, skills, abilities, background, and knowledge, and is therefore willing to engage its services on the terms and conditions set forth below.
WHEREAS, Consultant desires to begin consulting for FRTE and is willing to do so on those terms and conditions set forth herein.
NOW THEREFORE, in consideration of the above recitals and the mutual promises and conditions in this Agreement, and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. ENGAGEMENT
Company hereby hires and employs CONSULTANT as an independent contractor; and CONSULTANT does hereby accept its position as an independent contractor to the Company upon the terms and conditions hereinafter set forth.
2. TERM
The term of this Agreement shall be for twelve (12) months from the date first written above.
3. COMPENSATION
Each quarter (every 3 months), FRTE shall compensate and issue to the Consultant a total of eighty thousand (80,000) restricted shares of the Company's common stock, the shares will be issued and restricted under Rule 144. The certificate for the shares of common stock shall bear the following restrictive legend:
These securities have not been registered under the Securities Act of 1933. They may not be sold or transferred in the absence of an effective Registration Statement under that Act without an opinion of counsel reasonably satisfactory to the Company that such Registration is not required.
4. DUTIES AND OBLIGATIONS OF CONSULTANT
At the request of FRTE, CONSULTANT shall have the following duties and obligations under this Agreement.
4.1 General Business Consulting: Consultant shall assist Company with general business consulting services. Such assistance shall be on a "best efforts" basis. Services shall include but not be limited to assisting the Company and Company Management with evaluating prospective acquisition candidate's business setup and operations, business management services and other business related services pertaining to restoration services companies.
5. COMPANY'S REPRESENTATIONS AND WARRANTIES
The execution and delivery by the Company of this Agreement have been duly and validly authorized by all requisite action by the Company. No license, consent or approval of any person is required for the Company's execution and delivery of this Agreement.
6. NOTICES
Any notice or other communication required or permitted to be given hereunder shall be in writing, and shall be deemed to have been duly given when delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid to the parties hereto at their addresses indicated hereunder. Either party may change his or its address for the purpose of this paragraph by written notice similarly given.
7. MISCELLANEOUS
7.1 This Agreement shall be governed by and construed in accordance with the internal laws of the State of Florida.
7.2 This Agreement shall inure to the benefit of and be binding upon the Parties hereto, their heirs, personal representatives, successors and assigns.
7.3 If any provision of this Agreement shall be held to be invalid or unenforceable, such invalidity or unenforceability shall attach only to such provision and shall not in any way affect or render invalid or unenforceable any other provision of this Agreement, and this Agreement shall be carried out as if such invalid or unenforceable provision were not contained herein.
This Agreement may be executed in counterparts and by fax transmission, each counterpart being deemed an original.
CONFIRMED AND AGREED ON THIS 17 DAY OF SEPTEMBER 2003.
By: /S/Xxxxxxx X. Xxxxxx
Xxxxxxx Xxxxxx, CEO
By: /S/Xxxx Xxxxx
Xxxx Xxxxx, Co-President
Florida Catastrophe Corp.
