RUBBER TECHNOLOGY INTERNATIONAL, INC.
-------------------------------------
0000 X. Xxxxxxxxxx Xxxx.
Xxx Xxxxxxx, XX 00000
Tel: 000-000-0000
Fax: 000-000-0000
This Agreement is made as of this 1st day of January 2001 by and between Rubber
Technology International, Inc., ("the Company") and Xxxxx X. Xxxx, ("the
Consultant) located at 0000 Xxxxxxxx Xxxxx Xxx Xxxxx, Xxxxxx 00000.
WHEREAS, the Company is engaged in the business of recycling tires and the
mining of aggregate material,
WHEREAS, the Consultant provides management and business strategies and
consulting services,
WHEREAS, the Company wishes to retain the services of the Consultant for the
following:
1. Contacted and in the process of obtaining resumes and credentials on
approximately 15 individuals that have experience in operating and managing
sand/gravel pits.
2. Conducted meetings with 5 major concrete suppliers and approximately 20
local construction companies that purchase sand in the development of work
performed. In the process of discovering the following:
o What types of sand they are using.
o How much sand is used on a monthly, quarterly and yearly basis.
o Where they currently obtain their sand.
o How much they are currently paying for the different kinds of sand.
o How much they are currently paying for transporting the sand.
o If they would be interested in dealing with a local vendor that can
provide several different types of sand at a competitive price. And if so would
they be willing to sign a monthly, quarterly or yearly volume contract.
3. Tire recycling business development
- Locations for tire shredding.
- Permits and other state and local government requirements.
- Develop tire-hauling infrastructure.
- Contact major tire dealers.
- Contact major new car dealerships.
- Recruit General Manager for Nevada Sand Pit operation.
1. The Company hereby retains the services of the Consultant for a period of
six (6) months and terminating on ________________. (a) In consideration of
the services to be performed hereunder, the Consultant shall receive the fee of
the Company's common stock registered under S-8 filing for a total of 400,000
(four hundred thousand) shares, to be deemed payable in full and shall be issued
and delivered to the Consultant on the first day of the signing of this
Agreement. As additional consideration, The Rubber Technologies International
Inc. herby issues: (a) a warrant to purchase 200,000 (two hundred thousand)
shares of common stock registered under S-8 at a price of $0.25 per share, and
(b) a warrant to purchase 200,000 (two hundred thousand) shares of common stock
registered under an S-8 filing at a price of $0.35 per share. These warrants
are to be exercised within one year of the signed date of this contract.
2. The Consultant shall, employ their best efforts, to assist the Company by
providing management and business strategy consulting services.
3. The Consultant shall be independent contractors and shall have no right
or authority to assume or create any obligations or responsibility, express or
implied, on behalf of or in the name of the Company, unless specifically
authorized in writing by the Company. No provision of this Agreement shall be
construed to preclude consultants from pursuing other consulting or design and
development projects.
4. The Consultant and the Company, including any persons or entities acting
for or on their behalf as agents or individuals, hereby indemnify and hold
harmless the other party against any loss, claim, damage or liability whatsoever
(including reasonable attorney's fees and expenses) arising from their errors in
judgment, omissions or commissions of any kind, mistakes or misstatements of
facts or losses occurred.
5. This Agreement shall be binding upon the Company and the Consultant and
their successors and assigns.
6. If any provision or provisions of this Agreement shall be held to be
invalid, illegal or unenforceable for any reason whatsoever, (i) the validity,
legality and enforceability of the remaining provisions of this Agreement
(including, without limitation, each portion of any Section of this Agreement
containing any such provision held to be invalid, illegal unenforceable) shall
not in any way be affected or impaired thereby; and (ii) to the fullest extent
possible, the provisions of this Agreement (including without limitation, each
of any Section of this Agreement containing any such provision held to be
invalid, illegal or unenforceable) shall be construed so as to give effect to
the intent manifested by the provision held, invalid illegal or unenforceable.
7. No supplement, modification or amendment of this Agreement shall be
binding unless executed in writing by both parties hereto. No waiver of any
other provisions hereof (whether or not similar) shall be binding unless
executed in writing by both parties hereto nor shall such waiver constitute a
continuing waiver.
8. This Agreement may be executed in one or more counterparts, each of which
shall for all purposes are deemed to be an original but all of which shall
constitute one and the same Agreement.
9. The Parties agree that should any dispute arise in the administration of
this Agreement, that the Agreement shall be governed and construed by the Laws
of the State of Nevada.
10. This Agreement contains the entire Agreement between the Parties with
respect to the consulting services to be provided to the Company by the
Consultant and supersedes any and all prior understandings, agreement or
correspondence between the Parties.
IN WITNESS WHEREOF, the Company and the Consultant have caused this Agreement
to be signed by duly authorized representatives as of the day and year first
above written.
/s/ Xxxxxx Xxxx
Xxxxxx Xxxx, President
Rubber Technologies International, Inc.
/s/ Xxxxx X. Xxxx
Xxxxx X. Xxxx
Consultant
