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Fill and Sign the Agreement Secure Online 497329664 Form

Fill and Sign the Agreement Secure Online 497329664 Form

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Agreement to Secure Employee for Information Technology Position Agreement made on the ____ day of _____________________________, 20____, between _______________________________________________________ (Name of Informational Technology Consultant), a limited liability company organized and existing under the laws of the state of ____________________________________________, with its principal office located at _________________________________________________________ ______________________________________________________________________________ _________________________________ (street address, city, county, state, zip code) , referred to herein as Consultant, and ____________________________________________________ (Name of Client), a corporation organized and existing under the laws of the state of _____________________________________________, with its principal office located at ______________________________________________________________________________ ______________________________________________________________________________ __________________________ (street address, city, county, state, zip code) , referred to herein as Client. Whereas, Consultant has expertise in locating and recruiting individuals to fill informational technology (IT) positions with various businesses and organizations that need an employee with certain IT expertise; and Whereas, Client needs an employee to fill the position of ________________________________________________ (name of position) with expertise in (describe particular IT expertise) _________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _; Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Consultant shall serve as the exclusive agent of Client to secure a qualified individual to fill the position of _______________________________________________ (name of position) with expertise in (describe particular IT expertise) ____________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ __. 2. As Client’s exclusive agent, Consultant will use all reasonable efforts to obtain a qualified individual to fill the position of ____________________________________________ (name of position) with expertise in (describe particular IT expertise)____________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ __. 3. Consultant shall pay all of its own expenses in connection with this Agreement. The only obligation of Client is to pay the applicable commission specified in this Agreement. 4. Upon the finding of an individual to fill said position, and the hiring of such individual by Client to fill said position, Client agrees to pay to Consultant the sum of $_____________ [e.g., which is (e.g., thirty) percent of the anticipated salary of said individual for his/her first year of employment with Client] ______________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ __. Payment by Client to Consultant will be made on or before the (e.g., said individual’s first day of employment with Client) ______________________________________________________ _____________________________________________________________________________. 5. Should the said individual be discharged for reasonable cause, or quit without reasonable cause within (e.g., sixty) ________________ calendar days of employment, Consultant agrees to provide a suitable replacement at no additional cost to Client. 6. This Agreement is to commence on the date stated above, and terminate on __________________________________________ (date) , unless otherwise renewed as specified in this Agreement. This agreement shall be automatically renewed and shall continue in effect from (e.g., month to month) _________________________________________________ unless either party shall send a written notice of termination to the other, by certified mail, return receipt requested, at least ________ ( number) days prior to any automatic renewal date. 7. Consultant shall have no right or authority, either express or implied, to assume or create, on behalf of Client, any obligation or responsibility of whatsoever kind or nature. 8. Client agrees to indemnify and hold Consultant harmless from and against any and all claims, damages, losses, and expenses, including reasonable attorneys' fees, arising out of employment of said individual. 9. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 10. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ___________________________________. 11. Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 12. Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 13. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 14. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 15. The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 16. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. WITNESS our signatures as of the day and date first above stated. _______________________________________ ____________________________________ (Name of Client) (Name of Consultant) By____________________________________ By_________________________________ _______________________________________ ____________________________________ (Name and Office in Corporation) (Name and Office in LLC)

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