Attached is a contract negotiated between a company called Everyday Services LLC and a consultant (Joe Smith).
Question:
Attached is a contract negotiated between a company called Everyday Services LLC and a consultant (Joe Smith). If a final agreement is reached, Joe Smith will advise Every day.
You'll see that the contract shows some proposed changes that Joe wants to make to the current contract draft and that he tries to negotiate with Every day. For each proposed change (there are 5), please explain why you believe Joe wants to make these changes and give 3 reasons/arguments he can give in negotiations with Every day to explain why he wants these changes adopted.
please the answer should be 800 words.
CONSULTANCY AGREEMENT
This Consulting Agreement is between Everyday Services LLC, 9999 Greensboro Drive, Suite 100, Mclean, VA 22111 ("Everyday") and Joe Smith, 313 Burland Place, Mclean, VA, 20177 (the "Consultant"), which sets forth the terms of the Consultant's consulting relationship with Everyday as follows:
1. Consulting Services. Effective April 1, 2017, Everyday will provide and provide Advisor Everyday with consulting services, including but not limited to the services described in Exhibit A (herein, the "Consulting Services" or "Consulting Relationship"). skill and care observed by other similar professionals performing the same or similar services. The Consultant agrees to provide the Consulting Services in accordance with all applicable statutes, statutes, regulations, statutes, rules, regulations, codes and standards.
2. Term. This Agreement will remain in effect until terminated by the parties as provided herein.
3. Fees. In exchange for the performance of the Consulting Services, Ever will pay the Consultant a fee of $10,000 USD for each calendar month during the Advisory Period. The Consultant shall provide Everyday with a monthly written invoice for the services performed pursuant to this Agreement. Everyday will pay the invoices submitted by the Consultant within seven (7) days of receipt.
4. Termination. Everyday or the Consultant may terminate the Consulting Relationship with or without giving the other 30 days' prior written notice. Upon the termination of the Counseling Relationship, Everyday's 3. The obligation to pay the fee specified in the paragraph shall expire with effect from the date of termination.
5. Control. The Consultant has the right to control and direct the means, form and method by which the Consulting Services are performed.
6. Equipment and Materials, Expenses. The Consultant shall provide all equipment and materials used to perform the Consulting Services. The Consultant shall bear all ordinary and necessary expenses arising from the performance of the Consulting Services. However, Everyday will reimburse the Consultant for any business expenses determined or unusual by Everyday, including travel and communication costs (e.g., telephone, fax, computer, printer and typewriter) and other material and equipment costs incurred in connection with the provision of the Consulting Services. The Consultant will provide Everyday with detailed documentation regarding such expenses, including receipts, itineraries, reasons for expenses, and any other documents that Everyday may reasonably require.
7. Independent Contractor Status. The parties acknowledge and agree that the Consultant is an independent contractor. The Consultant has no authority and may not represent that he or she has the authority to enter into an agreement or contract on behalf of Everyday or to act on behalf of Everyday in the performance of any duties relating to the Consulting Services. The Consultant is not an employee of Ever and shall not be deemed such for any purpose. Everyday shall not be liable to the Consultant or any governmental authority for any payroll-related taxes related to the performance of the Consulting Services. It is understood that Everyday will not withhold from Counsel's compensation any amount that would normally be deducted from an employee's salary, and the Consultant agrees to pay all federal, state and local taxes incurred and payable in connection with the provision of the Consulting Services. The Consultant also agrees to complete all necessary forms and make all tax payments in accordance with and required for the Consultant's tax status as an independent contractor and does not claim any other status. Counsel agrees to indemnify Ever for any loss and expense (including attorneys' fees) incurred by Everyday if it fails to comply with the requirements of this paragraph.
9. Non-Disclosure of Confidential and Proprietary Information.
a. Through the Advisory Relationship with Everyday, the Consultant will have access to confidential and proprietary information about Everyday's business, employees and clients, including information regarding Everyday's business organization or structure, business and marketing plans, financial data, and the identity of Everyday's current and potential customers. , Everyday's current and prospective agreements, and Everyday's policies, standards, procedures, and practices (hereinafter referred to as "Confidential Information"). The use of Confidential Information for the benefit of anyone other than Everyday and the disclosure of such information to persons other than Everyday will cause Everyday to suffer serious competitive impairment to Everyday.
b. During and after the Advisory Relationship, unless specifically permitted by Everybody, the Consultant will not use the Confidential Information for its own benefit or for the benefit of anyone other than Everyday or disclose such information to anyone outside of Everyday's and in its proper course. work and will do its best to keep this information confidential.
c. Upon termination of the Consulting Relationship or upon request at any time, the Consultant will return to Everyday all electronic data, originals and copies or excerpts of all documents, and any other materials containing or otherwise related to Everyday's business and all other property contained or otherwise related to Everyday's business. It's in his hands every day.
10. Miscellaneous
a. This Agreement contains the entire agreement between the parties and supersedes any prior written or oral agreements between them. This Agreement may not be modified or waived except by written document signed by the parties.
b. If any part of this Agreement is declared unenforceable or invalid, the remaining parts will continue to be valid and enforceable.
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts