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This agreement (the Agreement)
dated __________________,
is made By and Between
___________________________________________________,
whose address is _____________________________________
___________________________________________________,
referred to as "Customer" AND El Valle Consulting, LLC., whose
address is
P.O. Box 1A, Cowles, NM, USA 87573, referred to as "EVC". |
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| Section 2. |
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Services |
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Customer
hereby
employs EVC to perform the services specified in Appendix
A to this Agreement in accordance with the terms and
conditions set forth in this Agreement. |
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| Section 3. |
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Term of
Agreement |
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This Agreement
will begin _________________________ and will end
_________________________ . Either party may cancel this
agreement by certified mail with the effective termination day
to be thirty (30) days from the date of transmittal of the
cancellation notice. |
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| Section 4. |
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Time Devoted by
EVC |
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It is anticipated
that EVC will spend approximately ________________
hours, in total, in fulfilling its obligations under this Agreement. The particular amount of time may vary from
day to day or week to week. |
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| Section 5. |
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Place where
Service will be Rendered |
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EVC will perform
most services in accordance with this Agreement at the address
of EVC. In addition, EVC will perform services on the
telephone and via e-mail and at such other places as agreed to
by EVC and Customer as necessary to perform these services in
accordance with this Agreement. |
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| Section 6. |
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Payment to EVC |
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EVC will be paid
at the various rates listed in Appendix A.
EVC will submit an itemized invoice on a weekly basis setting
forth the time spent on each service listed in Appendix
A, and Customer will pay EVC the amounts due within ten (10) days of
receipt. |
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| Section 7. |
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Independent
Contractor |
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Both Customer and
EVC agree that EVC will act as an independent contractor in
the performance of its duties under this Agreement. |
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| Section 8. |
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Confidential
Information |
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EVC agrees that
any information received by EVC during the furtherance of
EVC's obligations in accordance with this Agreement which
concerns the personal, financial or other affairs of Customer will be treated by EVC in full confidence and will not be
revealed to any other persons, firms or organizations unless
required by applicable law or governmental regulation. |
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| Section 9. |
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Employment of
Others |
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Customer
may from
time to time request that EVC arrange for the services of
others. All costs to EVC for outside services on behalf
of Customer will be paid by Customer but in no event shall EVC
employ others on behalf of Customer without the prior
authorization of Customer. |
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| Section 10. |
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Limitation of Liability
IN NO EVENT
SHALL EVC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFIT) WHETHER BASED ON
WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY.
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| Section
11. |
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Exclusive
Remedies |
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Customer's exclusive
remedies for all damages, losses and causes of actions whether
in Agreement, tort including negligence or otherwise, shall not
exceed the aggregate dollar amount which Customer paid during
the term of this Agreement and reasonable attorney's fee and
court costs. |
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| Section
12. |
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Waiver of
Contractual Right |
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The failure of
either party to this Agreement to enforce any provision of
this Agreement shall not be construed as a waiver or
limitation of that party's right to subsequently enforce and
compel strict compliance with every provision of the
Agreement. |
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| Section 13. |
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Binding Agreement
This agreement
shall be binding upon the parties, their successors, assigns and
personal representatives. |
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| Section 14. |
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Termination
This Agreement may
be terminated by certified mail notice to either party and shall be effective thirty
days from the date of transmittal of the notice. |
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| Section 15. |
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Notice
Notices required pursuant
to this Agreement shall be considered delivered if such notice is
transmitted to the last known mailing address of Customer and EVC. |
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| Section 16. |
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Governing Law
This agreement
shall be governed by and construed in accordance with the laws
of the State of New Mexico, USA without giving effect to any
principles or conflicts of law. If any provision of this
agreement shall be unlawful, void or for any reason
unenforceable, then either that provision shall be deemed severable
from this agreement and shall not affect the validity and
enforceability of any remaining provisions or such provisions
shall be reformed only to the extent necessary to make it
enforceable. Litigation
or arbitration required as a result of this Agreement shall be
in San Miguel County, New Mexico, USA. |
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| Section 17. |
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Complete Agreement
This agreement contains the entire agreement of the parties and
there are no other promises or conditions in any other agreement
whether oral or written. This Agreement supersedes any prior
written or oral agreements between the parties. This Agreement
may be amended only in writing and signed by both parties. |
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| Signatures: |
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In witness
whereof, the parties hereto have executed this Agreement as of
the date indicated below: |
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Customer |
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Signature:
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__________________________________________
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Title:
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_________________________Date: ____________
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El Valle
Consulting, LLC. |
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Signature:
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__________________________________________
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Title:
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_________________________ Date: ____________
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