Exhibit 10.6
CONSULTATION AGREEMENT
This Consultation Agreement is made as of the 9th day of September, 2002.
BETWEEN: CHANGZHOU BROADWAY BUSINESS DEVELOPMENT CO. LTD, whose address is
5th floor, Xxxxxx Xxxxxxxxxx Xxxxxxx, Xxx Xxxxxxxx, Xxxxxxxxx,
Xxxxxxx, Xxxxx; ( hereinafter referred to as " Broadway " ),
AND: GLOBAL PROJECTS CONSULTATIONS INC., whose address is Suite 000- 000
Xxxx Xxxxxxxx, Xxxxxxxxx, X.X. Xxxxxx X0X 0X0 ( hereinafter referred
to as "Global ")
WHEREAS: Broadway is a real estate development company in Changzhou of Jiangsu
province of China. The company wishes to develop an ultra modem town concept
consisting of luxury villas and western style apartment hotel complexes. It
wishes to use the services of Global to assist it in the conceptual stage, and
as when needed later on.
WHEREAS: Global has a team of professionals that specialize in the development
of advanced concepts for luxury villas and hotel complexes throughout the world.
WHEREAS: Broadway wishes to engage the services of Global in its high valued
projects, and Global wishes to be retained by Global on a consultancy basis for
such projects.
Now therefore this Agreement witnesses that in consideration of the premises and
mutual covenants and agreements contained the parties hereto agree as follows:
SECTION 1- OBLIGATIONS OF GLOBAL
1.00 Global acting in good faith, has provided numerous hours of professional
work and is in the process of producing detailed conceptual drawings and
plans for the proposed state of the art development project in Changzhou.
1.02 Giobal will produce a detailed business plan to assist Broadway in its
marketing efforts for its state of the art development.
1.03 Global will assist Broadway on an ongoing basis to ensure that the original
concepts are being implemented.
SECTION 2 - OBLIGATIONS OF BROADWAY
2.00 Broadway will continue to use the services of Global on a continual basis.
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2.01 Broadway will pay Global on a retainer basis the agreed sum of US$250,000;
such an amount to be paid to Global or its designate, no later than January
31, 2003.
2.02 Broadway will do its best to expedite the proposed project.
SECTION 3. INDEMNIFICATION
3.00 Both parties, their successors, transferees and assigns, jointly and
severally, do hereby forever indemnify, covenant to defend and hold
harmless each other, its parent, affiliates, officers, directors,
contractors, sub-contractors and successors in interest from any and all
claims, losses ( consequential or otherwise ), demands, causes of action,
lawsuits, administrative actions, losses and expenses, including reasonable
attorney's fees, of any kind, character or nature, arising from or in any
way connected, directly or indirectly, with the business of either party.
SECTION 4. INDEPENDENCE
4.00 Nothing contained herein shall be deemed or construed to create between the
parties a partnership or joint venture. Neither party shall have the
authority to act on behalf or bind the other party.
SECTION 5. NOTICES
5.00 Any notice or other communication required or permitted hereunder shall be
mads in writing, and shall be deemed to have been given if placed in the
mail, registered and certified, postage prepaid, addressed to the other in
the front page.
SECTION 6. CHOICE LAW AND ARBTTRATION
6.00 This Agreement shall be governed in accordance with the laws of the
Province of British Columbia ( Canada) and the laws of Canada then in force
and effect.
6.01 In the event of any dispute arising between the parties concerning this
Agreement or its enforceability, the same shall be settled by a single
arbitrator pursuant to the provisions of the Commercial Arbitration Act of
British Columbia, or any successor legislation then in force.
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SECTION 7. AGREEMENT, MODIFICATION, WAIVER AND HEADINGS
7.00 This Agreement constitutes the entire agreement between the parties hereto
pertaining to the subject matter herein and supersedes all prior and
contemporaneous agreements, understandings, negotiations and discussions
among the parties, written or otherwise. No supplement, modification or
waiver or termination of this Agreement shall be binding unless executed in
writing by the party to be bound thereby.
7.01 All exhibits, schedules and documents (ifany) referred to in this Agreement
are incorporated herein for all purposes. Moreover, the recitals set forth
above are likewise
7.02 The terms and provisions herein shall be binding on and inure to the
benefit of the parties hereto, and their respective transferees, successors
and assigns.
IN WITNESS WHEREOF, the parties have caused this Agreement to be effective all
as of the date set forth above.
IN WITNESS WHEREOF the parties hereto have duly executed this agreement as of
the day, month and year first above written.
CHANGZHOU BROADWAY BUSINESS DEVELOPMENT CO. LTD
/s/ Xxxxxxx Xxxxx
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Xxxxxxx Xxxxx
Global Projects Consultations Inc.
/x/ Xxxx Xxxxx
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Xxxx Xxxxx
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