Fill and Sign the Business Consultant Agreement Regarding Management and Purchasing Policies Form

Business Consultant Agreement Agreement made on the ________________________ (date) , between __________________________________ (Name of Consultant) , 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 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 numerous contacts in the mobile/modular home industry ; and Whereas, Consultant is able to purchase mobile/modular at a rate most Client s would be unable to negotiate; Whereas, Client desires to hire Consultant as an independent contractor to enable Client to acquire building supplies at lower prices; 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. Consultation Services By this Agreement, the Client employs the Consultant to perform the following services in accordance with the terms and conditions set forth in this Agreement: The Consultant will consult with the officers and employees of the Client concerning matters relating to the management and the purchasing policies of the Client. 2. Purchasing Program and Consultant’s Responsibilities A. Upon request of Client, Consultant will purchase mobile/modular homes and materials at factory invoice plus 5%. A down payment for 25% of the order will be made by Client paying the sum into an escrow account controlled by Consultant . The remaining amount owed by Client will be paid to Consultant ___________________________________________ _____________________________________________________ ( dates and in what amounts) . An additional amount of 5% of the order will be paid to Consultant (through the escrow account) as his fee for services rendered and expenses incurred. This amount will be due when the order is made. All payments will be made by wire transfer. Any volume discounts or bonuses paid by manufacturer will be retained by Consultant as part of his fee. B. All pricing and purchasing procedures are to be confidential and result from trade secrets owned by Consultant . Client shall not use any such pricing or purchasing procedures in competition with Consultant . C. All sales taxes will be paid by Client and Client will provide a true and correct of Client ’s sales tax license. D. All unpaid amounts owed will be secured with a surety bond in favor of Consultant with a company acceptable to Consultant . E. Consultant will coordinate all warranty services with the manufacturer. Client will inform Consultant of any warranty issue within 2 days of the date it is brought to Client ’s attention. F. Client will give a _______ (number) year warranty on all onsite work, including setup, foundations, materials, and similar such items. All work will be done in a workmanlike manner according to industry standards. Client is responsible for all work done by subcontractors, payment of subcontractors, and shall keep properties free of construction and/or mechanic liens. G. Consultant will assist Client in recommending subcontractors and getting bids from competing subcontractors. Consultant will also assist Client in locating favorable financing and the overall structure of specific transactions if requested by the Client . 3. Time Devoted by Consultant It is anticipated the Consultant will spend the time necessary to fulfill its obligations under this Agreement. 4. Place Where Services will be Rendered The Consultant will perform most services in accordance with this Agreement at a location of Consultant 's discretion. In addition, the Consultant will perform services on the telephone and at such other places as necessary to perform these services in accordance with this Agreement. 5. Term This Agreement will begin _________________________ (date) and will end one year from said beginning date; provided however said agreement will automatically renew at the end of each year unless one of the parties give the other 30 days written notice of its intent not to renew the Agreement. 6. Indemnity Client agrees to indemnify the Consultant with respect to any costs, claims, loss or liability whatsoever suffered by the Consultant (including reasonable legal costs and disbursements) as a result of any breach by the Client of any of the terms of this Agreement. 7. Independent Contractor Nothing contained in this Agreement shall be deemed to create any relationship between the parties except the independent contractor relationship specified in this Agreement, and the parties understand and agree that no license or other right or title is granted under or by this Agreement in the other party's business, enterprises, revenues, business opportunities, operating assets, intellectual property rights or any other tangible or intangible assets or properties. 8. If any provision of this Agreement is determined to be invalid or unenforceable by a court, the remaining valid provisions shall constitute the entire agreement of the parties without any action by or further notice to the parties. 9. No Waiver 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. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ____________________. 11. Notices 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 . Mandatory Arbitration 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. Entire Agreement 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. Modification of Agreement 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. Assignment of Rights 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. Counterparts 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: ___________________________ (P rinted or typed name) (P rinted or typed name) ______________________________ _______________________________ (Name and Office in Corporation) (Name and Office in Corporation)