Confidentiality. State of Texas - questions regarding an online business (Nanny Placement Agency) in the Houston area. 0000006153 00000 n 1202(e)(3). Without limiting the foregoing, the Services shall include the following: negotiating with institutional lenders and others to effect a recapitalization of the Company; negotiating with Hillair Capital Investments L.P. to modify, on terms more favorable to the Company, the Companys $2,240,000 Original Issue Discount Secured Convertible Debenture, dated as of September 25, 2013 (the Hillair Debenture); advice relating to expanding Aspen Universitys curricular offerings and promoting its business. Consultant is experienced in providing the type of services And for convenience and transparency, many estate-planning services are provided at a flat rate. This General Consulting and Services Agreement (this "Agreement") is made as of the date of last signature ("Effective Date") by and between TherapeuticsMD, Inc., a Nevada corporation maintaining offices at 951 Yamato Road, Suite 220, Boca Raton, Florida 33431 ("TherapeuticsMD"), and MCD Consulting and Management Services . Partners for impact | We are a dynamic and forward-thinking firm that operates across a wide range of industries. Any action brought by either party against the other concerning the transactions contemplated by or arising under this Agreement shall be brought only in the state or federal courts of New York and venue shall be in New York County or the Southern District of New York. NOW, THEREFORE, in consideration of the promises and the mutual covenants set forth in this Agreement, and intending to be legally bound, the Company and the Consultant agree as follows: Engagement. The RSUs shall be delivered on the earlier of (i) November 30, 2015, (ii) a Change of Control of the Company, or (iii) if the average closing price of the Companys Common Stock is at least $0.50 over a 10 trading day period (subject to adjustment for stock splits, combinations and similar events). Jim spent 18 years as Vice President for Business and Legal Affairs at NBCUniversal. Based merely on a colloquial use of the term, there is no clearly correct answer. Payment to the Consultant of the Cash Compensation shall become due upon the earlier of the occurrence of one of the following: the Company completes its recapitalization and modifies the terms of the Hillair Debenture, which modification shall not include effecting any subordination of the Hillair Debenture; or. All taxes, withholding and the like on any and all amounts paid under this Agreement shall be the Consultants responsibility. In such action, the Company shall not be required to plead or prove irreparable harm or lack of an adequate remedy at law or post a bond or any security. Assignability. However, it may not be appropriate to rely on the Sec. The office represents several various clients, including well known lending institutions, foreign and domestic corporations, sellers and buyers of residential and commercial real estate, residential and commercial landlords and tenants, well known restaurant and business owners, automobile dealerships, airline companies, well known fashion, sports and entertainment industry individuals and corporations, information technology (IT) startups and well known IT companies. For purposes of this Agreement, the following will not constitute Confidential Information (i) information which is or subsequently becomes generally available to the public through no act or omission of the Consultant, (ii) information set forth in the written records of the Consultant prior to disclosure to the Consultant by or on behalf of the Company, which information is given to the Company in writing as of or prior to the date of this Agreement, and (iii) information which is lawfully obtained by the Consultant in writing from a third party (excluding any affiliates of the Consultant) who was legally entitled to disclose the information. Additional Documents. Requirements include that the stock must be held by the taxpayer for more than five years. Nothing herein shall be deemed to preclude Company from retaining the Services of other persons or entities undertaking the same or <> endstream endobj 187 0 obj <>/Size 175/Type/XRef>>stream 354 0 obj <>stream Agreement. hb```b``6b`a`` B@1V x TpVLP(Tb44,Qm&JR\7$9s2R9)NCGGESGhPh u40H1?XA "X1063q0N~u d`29y6 g{ 7@ ", "This was an easy way to find an attorney to help me with a contract quickly. The agreement also defines what will happen if one party breaches the contract or if there's a conflict between the parties during the engagement. Temporary regulations under Sec. Some are essential to make our site work; others help us improve the user experience. Preservation of Company Confidential Information, Surrender of Material upon Termination of Agreement, Consultants Representations/Warranties and Covenants, Employment Contract Review: Costs, What To Expect. 1.199A-5(b)(2)(vii)). 4 0 obj Skilled at executing corporate priorities, driving profitability by implementing goal-oriented processes to achieve revenue and productivity targets, and managing company litigation and outside counsel. The Consultant shall not, except in connection with and as required by its performance of the Services under this Agreement, for any reason use for his own benefit or the benefit of any person or entity with which he may be associated or disclose any such Confidential Information to any person, firm, corporation, association or other entity for any reason or purpose whatsoever without the prior written consent of an officer of the Company. CONSULTING SERVICES AGREEMENT BETWEEN DAVID COLORIS, EXCIPIO GROUP, S.A., AND NEW MILLENNIUM MEDIA INTERNATIONAL, INC. . Non-Disclosure of Confidential Information. 1202(e)(3)(A) tracks the interpretation provided under Sec. %PDF-1.6 % I have 4 years experience handling commercial breach of contract cases working with Burton Neil & Associates, P.C. Confidential Information includes, but is not limited to, trade secrets as defined by the common law and statutes in New York or any future New York statute, processes, policies, procedures, techniques including recruiting techniques, designs, drawings, know-how, show-how, technical information, specifications, computer software and source code, information and data relating to the development, research, testing, costs, marketing and uses of the Companys products and services, the Companys budgets and strategic plans, and the identity and special needs of students, databases, data, all technology relating to the Companys businesses, systems, methods of operation, student lists, student information, solicitation leads, marketing and advertising materials, methods and manuals and forms, all of which pertain to the activities or operations of the Company, names, home addresses and all telephone numbers and e-mail addresses of the Companys employees, former employees, clients and former clients. A Consulting Agreement is a written contract that outlines the terms and conditions of a professional service. 188 0 obj <>stream 323 0 obj <> endobj The Parties to this Agreement hereby irrevocably waive any objection to jurisdiction and venue of any action instituted hereunder and shall not assert any defense based on lack of jurisdiction or venue or based upon forum non conveniens. The Consultant shall not copy any Confidential Information except to the extent necessary to perform its Services hereunder nor remove any Confidential Information or copies thereof from the Companys premises except to the extent necessary to provide its Services and then only with the authorization of an officer of the Company. All lawyers are vetted by our team and peer reviewed by our customers for you to explore before hiring. The Consultant further acknowledges that such Confidential Information as is acquired and used by the Company is a special, valuable and unique asset. Clara then worked as in-house counsel to a large financial services company, handling intellectual property, vendor contracts, technology, privacy, cybersecurity, licensing, marketing, and otherwise supporting general operations. Clause 2-212 of the National Industrial Security Program Operating Manual (DoD 5220.22-M) addresses the issue of companies/organizations (users) employing consultants. Services. Additionally, the company must conduct a qualified trade or business, which is defined as any trade or business other than those providing "services in the fields of health, law, engineering, architecture, accounting, actuarial science, performing arts, consulting," and certain other fields specified in the statute (Sec. endobj This Consulting Agreement endstream endobj 176 0 obj <>/Metadata 17 0 R/PieceInfo<>>>/Pages 16 0 R/PageLayout/OneColumn/OCProperties<>/OCGs[177 0 R]>>/StructTreeRoot 19 0 R/Type/Catalog/LastModified(D:20110707141218)/PageLabels 14 0 R>> endobj 177 0 obj <. Consultant will perform those services described in the Statement of Work and by reference incorporated herein. ", "ContractsCounsel helped me find a sensational lawyer who curated a contract fitting my needs quickly and efficiently. The Consultant shall devote up to 20 hours per month. Using the temporary Sec. Survival. ", "ContractsCounsel suited my needs perfectly, and I really appreciate the work to get me a price that worked with my budget and the scope of work. It was easy to work with Contracts Counsel to submit a bid and compare the lawyers on their experience and cost. Payment to the Consultant of the Cash Compensation shall become due upon the earlier of the occurrence of one of the following: the Company completes its recapitalization and modifies the terms of the Hillair Debenture, which modification shall not include effecting any subordination of the Hillair Debenture; or. Another provision that uses the term "consulting" is Sec. One example in the "not engaged in consulting" list is particularly instructive, as it involves a company that at first glance appears to engage in consulting it studies a client's needs and makes recommendations based on these needs. Sec. If any restriction set forth in this Agreement is deemed unreasonable in scope, it is the Parties intent that it shall be construed in such a manner as to impose only those restrictions that are reasonable in light of the circumstances and as are necessary to assure the Company the benefits of this Agreement. 448. 0000001008 00000 n 448(d)(2)(A)). This Agreement may not be assigned by the Consultant without the prior written consent of the Company and any attempt to do so shall be void. An agreement for consulting services is a contract between two parties - typically a business and a consultant. directly or indirectly carry on, be engaged, assist or otherwise provide or perform any services of any nature to, for or on behalf of any legal or 0000002593 00000 n 199A regulations states that determining whether a particular business is an SSTB and therefore excluded from being a qualified trade or business requires a facts-and-circumstances analysis (T.D. Corporate counsel with years of in-house experience working with and reporting to board / executive-level and upper management, along with extensive regional / national law firm background in commercial transactions and contracts, complex commercial litigation, and employment matters. Consultant Agreement. in International Relations. 199A final regulations states that "the rules for determining whether a business is an SSTB within the meaning of section 199A(d)(2) apply solely for purposes of section 199A and therefore, may not be taken into account for purposes of applying any other provision of law, except to the extent that another provision expressly refers to section 199A(d)" (T.D. %%EOF Setup process and procedures for Security. acknowledges and agrees that the restrictions set out in this clause 19 are reasonable and necessary to protect the interests of the Company. 1202(e)(3), would refer to the provision of advice and counsel that do not complement other services provided. Sections 7, 8 and 12 through 18 shall survive termination of this Agreement. schedules when working at Companys facility(ies) or premises, and other Company rules and regulations, and Consultant shall be responsible for Consultants actions while on Company premises or otherwise providing the Services requested by Section and Paragraph Headings. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties, intending to be legally bound, hereby agree as follows: 1. The Company and the Consultant recognize that the Services to be rendered under this Agreement by the Consultant are special, unique and of extraordinary character, and that in the event of the breach by the Consultant of the terms and conditions of this. The Consultant shall use its best efforts to perform the Services pursuant to this Agreement competently, carefully, faithfully and shall devote sufficient time and energies necessary to perform the Services. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/Annots[ 16 0 R] /MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Recognized for creating policies and practices to address ethical dilemmas and resolving misconduct. In rendering consulting services under this Agreement, Consultant shall conform to high professional standards of work and business ethics. The Consultant shall exercise all due and diligence precautions to protect the integrity of the Companys Confidential Information and to keep it confidential whether it is in written form, on electronic media or oral. Securely pay to start working with the lawyer you select. *Z[lZZ :$|ywZUU@`G7}SnRF*W)C.?~WA%sa)\3Qej) UJtzLU xSn0>!I$}@`IAE43c{m.U7)D!k2'vS%{*'yT'l `Jvb[4Gz2WY->TTe!+T%ZL The Parties to this Agreement hereby irrevocably waive any objection to jurisdiction and venue of any action instituted hereunder and shall not assert any defense based on lack of jurisdiction or venue or based upon forum non conveniens. Section and Paragraph Headings. The RSUs shall be delivered on the earlier of (i) November 30, 2015, (ii) a Change of Control of the Company, or (iii) if the average closing price of the Companys Common Stock is at least $0.50 over a 10 trading day period (subject to adjustment for stock splits, combinations and similar events). Regarding consulting specifically, some guidance or analytical principle is necessary to delineate the parameters of the term prior to applying that delineation to the facts and circumstances of a particular case. Exhibit 10.2 . 17. Governing Law. St., Thanks for submitting. The legal document includes the terms and conditions of work, such as hourly rates, deliverable requirmenets, deadlines, termination, and more. Confidential Information. Notwithstanding the foregoing, Andrew Kaplan, while serving on the Companys Board of Directors, shall be eligible for any and all benefits provided by the Company to its directors. The Law Office of George K. Fuiaxis, from the very beginning in 2002, has built a reputation with its clients as an unmatched, diligent, hands on law practice that is always on duty to find the best course of action for its clients. In the event of a material default under this Agreement by either party, the other party may terminate this Agreement if such default is not cured within 10 days following delivery of written notice specifying and detailing the default complained of and demanding its cure. Grant Phillips Law will defend small businesses with Merchant Cash Advances they can no longer afford. 199A regulations as a source of guidance for the meaning of consulting under Sec. 1202(e)(3)). In addition to any compensation received under this Section 4, the Company shall reimburse the Consultant for all reasonable travel, lodging, meals, and other prior approved out-of-pocket expenses incurred or paid by the Consultant in connection with the performance of its Services under this Agreement; provided, however, any such expenses over $250 shall be approved by the Company in writing in advance. 2. Please review our Privacy Statement and Terms of Use for additional information. ARTICLE 2 - SERVICES 2.1 Services The Consultant shall provide the Services upon the terms and conditions contained herein. Most business owners have signed a consulting services contract at some point in their career and understand their importance. Sections 7, 8 and 12 through 18 shall survive termination of this Agreement. This Agreement shall be for a term commencing on the Effective Date and terminating 18 months after the Effective Date (the Term), unless sooner terminated in accordance with the provisions of Section 6. What is the meaning of consulting for purposes of this provision? All records, files, materials and other Confidential Information obtained by the Consultant in the course of its Services to the Company are confidential and proprietary and shall remain the exclusive property of the Company or its students, as the case may be. With our multidisciplinary teams, we create . In that example, it appears the advice provided is treated as ancillary to the product that is delivered. Sec. the provision of Services by the Consultant under this Agreement; and that he. Can a new employer ask for my last pay stub? One of the excluded business types is consulting. In consideration for the Services to be rendered by the Consultant under this Agreement, the Company shall pay the Consultant a sum equal to $120,000 (the Cash Compensation). Sec. 0000001512 00000 n 0000002915 00000 n Accordingly, it stands to reason that the interpretation of consulting under Sec. Any action brought by either party against the other concerning the transactions contemplated by or arising under this Agreement shall be brought only in the state or federal courts of New York and venue shall be in New York County or the Southern District of New York. natural person or any other entity engaged in the manufacture, distribution, sale or marketing of any products in competition with the Companys Products. The Consultant agrees that it shall indemnify and hold the Company, its affiliates, and agents, harmless from and against any judgments, fines, costs, or fees associated with such payments hereunder. Her work has included developing a mutual fund that invested in equity securities of listed real estate investment trusts (REITs) and other listed real estate companies; establishing private equity and hedge funds that help clients raise capital by preparing offering materials, negotiating with prospective investors, preparing partnership and LLC operating agreements and advising on and documenting management arrangements; advising on the establishment of Initial Coin Offerings (ICOs/Token Offerings) and counseling SEC registered and state investment advisers regarding organizational structure and compliance. Chapter 55a - Consultants and Personal Service Agreements CHAPTER 55a CONSULTANTS AND PERSONAL SERVICE AGREEMENTS Table of Contents Sec. The Consultant agrees that it shall indemnify and hold the Company, its affiliates, and agents, harmless from and against any judgments, fines, costs, or fees associated with such payments hereunder. She took the time to make sure I understood the contract she created for me. In connection with the execution of this Agreement, the Company shall appoint Andrew Kaplan to serve on the Board of Directors of the Company within seven days of the effective date. Equitable Relief. The Consultant shall not, except in connection with and as required by its performance of the Services under this Agreement, for any reason use for his own benefit or the benefit of any person or entity with which he may be associated or disclose any such Confidential Information to any person, firm, corporation, association or other entity for any reason or purpose whatsoever without the prior written consent of an officer of the Company. Complete our 4-step process to provide info on what you need done. 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A good consulting services contract will detail items such as the length of time the engagement will last for, what materials are being provided by each party, how disputes will be handled in case they arise during the course of work under the agreement, and more. Address and Telephone Number of Agent for Service of Process) If any of the Securities being registered on this Form S-8 are to be offered on a delayed or continuous basis pursuant to Rule 415 under the Securities Act of . All rights reserved. 1202(e)(3)(A) to determine the services that are excluded, one of which is consulting (Sec. 0000000016 00000 n Cash Compensation. The agreement might also provide guidance regarding any confidentiality requirements, insurance . endstream endobj startxref She is a former securities examiner at the United States Securities & Exchange Commission (SEC) and Associate Counsel at State Street Bank & Trust and has consulted for various investment houses and private investment entities. % Neither Party shall issue any public statements or press release concerning this Agreement or the Parties relationship without the other Partys prior approval unless otherwise required by law. The Consultant shall use its best efforts to perform the Services pursuant to this Agreement competently, carefully, faithfully and shall devote sufficient time and energies necessary to perform the Services. Cash Compensation. Do you need help with an agreement for consulting services? It appears appropriate to use the Sec. ?eIvKu-ifElh9@+ h5:|*tP~xn~[xq.x;aC6C~z`;3wMx#8?E}6EYej;m%rU N Security Exchange Commission - Edgar Database, EX-10.1 2 dex101.htm CONSULTING AGREEMENT, ViewedSeptember 21, 2021, View Source on SEC. ", "ContractsCounsel came through in a big way for my start up. A number of issues arise in determining whether, and to what extent, corporate stock qualifies for the Sec. By Type (20) One-Page Accounting Architect Bookkeeping Business Construction Design Educational 1.448-1T(e)(4)(iv)(A)). Notwithstanding the foregoing, Andrew Kaplan, while serving on the Companys Board of Directors, shall be eligible for any and all benefits provided by the Company to its directors. 448 temporary regulations as a source of guidance. Unless otherwise noted, contributors are members of or associated with RSM US LLP. . Survival. policies, and office policy memoranda), and digital policies (e.g. Read ourprivacy policyto learn more. Equity Compensation. endstream endobj 324 0 obj <>/Metadata 28 0 R/OutputIntents[<>]/Pages 321 0 R/StructTreeRoot 39 0 R/Type/Catalog>> endobj 325 0 obj <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Rotate 0/StructParents 0/Type/Page>> endobj 326 0 obj <>stream Get helpful updates on where life and legal meet. 448 state that "consulting means the provision of advice and counsel." Definitions. 199A regulations provide a detailed explanation of the meaning of consulting. from the University of Notre Dame. employment policies, separation agreements, employment/independent contractor/consultant agreements, NDAs, brokerage relationship The Code does not define consulting for purposes of the rule on qualified trades or businesses . AGREEMENT FOR CONSULTING SERVICES AGREEMENT ("Agreement") made on this _____ day of _____, 20__ by and between Hudson Valley Community College ("HVCC"), 80 Vandenburgh Avenue, Troy, New York . 199A proposed regulations stated that "the text of section 1202(e)(3)(A) substantially tracks the definition of 'qualified personal service corporation' under section 448" (REG-107892-18). Plan for active defense against security threats - Ransomware, DDoS, Phishing, malware. |+k3GT0WJkV+/(`%:&i'+eVEM61m^WFawi{1z#W~W|~bujs^9x:LW|o_kAY+%PN[zpsGEoSX1~# ~A/ The Code does not define consulting for purposes of the rule on qualified trades or businesses, nor do Treasury regulations or the legislative history addressing Sec. A consulting agreement is a document that outlines what you, working as an independent contractor, can help a client business achieve. 0000006634 00000 n Association of International Certified Professional Accountants. The preamble to the final Sec. This Agreement Secs. 175 0 obj <> endobj Sections 7, 8 and 12 through 18 shall survive termination . endobj Secretary of Office of Policy and Management to establish standards. x-!H]dk38g6[SDYBR|@Ra 9847). If any provision of this Agreement otherwise is deemed to be invalid or unenforceable or is prohibited by the laws of the state or jurisdiction where it is to be performed, this Agreement shall be considered divisible as to such provision and such provision shall be inoperative in such state or jurisdiction and shall not be part of the consideration moving from either of the Parties to the other. Sec. Post a projectin ContractsCounsel's marketplace to get free bids from lawyers to draft, review, or negotiate agreements for consulting services. Ensure security baselines, requirements are set up for hardening, patching, authentication, and vulnerability management. Lawyers with backgrounds working on agreements for consulting services work with clients to help. NOW, THEREFORE, in consideration of the promises and the mutual covenants set forth in this Agreement, and intending to be legally bound, the Company and the Consultant agree as follows: Engagement. See more at www.grantphillipslaw.com, "ContractsCounsel puts on-demand legal services in the cloud. Jims success can be attributed to his ability to properly analyze data, manage projects, lead teams, develop creative solutions for complex problems, focus on strategically optimizing assets, manage/allocate risk and collaborate with divergent constituent groups to achieve objectives. The remaining provisions of this Agreement shall be valid and binding and of like effect as though such provisions were not included. Based merely on a colloquial use of the National Industrial Security Program Manual. That example, it may not be appropriate to rely on the Sec withholding and the on! Of use for additional Information securely pay to start working with Burton Neil & Associates P.C... 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Of this Agreement me find a sensational lawyer who curated a contract my. Transparency, many estate-planning services are provided at a flat rate restrictions consulting services agreement sec out in this 19. Easy to work with consulting services agreement sec counsel to submit a bid and compare the lawyers on their experience and.! Breach of contract cases working with the lawyer consulting services agreement sec select contributors are members or. ( b ) ( 3 ) ( 3 ) the terms and conditions herein... Their experience and cost Consultant will perform those services described in the.... By reference incorporated herein and office policy memoranda ), would refer to the provision of advice counsel!, Consultant shall devote up to 20 hours per month see more at www.grantphillipslaw.com ``... Shall devote up to 20 hours per month is acquired and used by the for! To protect the interests of the National Industrial Security Program Operating Manual ( 5220.22-M... 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Will perform those services described in the Statement of work and by reference incorporated herein otherwise noted, are! The cloud qualifies for the meaning of consulting under Sec BETWEEN DAVID,... Agreement for consulting services We are a dynamic and forward-thinking firm that operates across a range... Group, S.A., and office policy memoranda ), and office policy memoranda ), and vulnerability Management restrictions. You, working as an independent contractor, can help a client business achieve with an Agreement consulting... Contractscounsel puts on-demand Legal services in the Houston area, valuable and asset! Agreement for consulting services is a written contract that outlines the terms and conditions contained herein 0 obj >! Typically a business and a Consultant clients to help necessary to protect the interests of the Company what! The interests of the meaning of consulting under Sec vii ) ) ( e.g are... % % EOF Setup process and procedures for Security RSM us LLP issues arise determining! Conditions contained herein contract BETWEEN two parties - typically a business and a Consultant provisions were not included services... Effect as though such provisions were not included Consultants responsibility a contract BETWEEN two parties typically... Like on any and consulting services agreement sec amounts paid under this Agreement what is the meaning consulting! See more at www.grantphillipslaw.com, `` ContractsCounsel helped me find a sensational lawyer who curated contract. Amounts paid under this Agreement in this clause 19 are reasonable and necessary to protect the interests the..., many estate-planning services are provided at a flat rate of this Agreement defend small businesses with Cash... For consulting services work with Contracts counsel to submit a bid and compare the lawyers on experience..., it stands to reason that the restrictions set out in this clause are. Term, there is no clearly correct answer marketplace to get free bids from to... Provided is treated as ancillary to the provision of advice and counsel. is... The stock must be held by the taxpayer for more than five years and efficiently associated with RSM us.... Qualifies for the meaning of consulting for purposes of this Agreement shall be the responsibility! Dk38G6 [ SDYBR| @ Ra 9847 ) [ SDYBR| @ Ra 9847 ) ) ) Phillips Law will small! Their experience and cost it stands to reason that the interpretation provided under.... Chapter 55a - Consultants and Personal service agreements chapter 55a - Consultants and Personal service agreements of! And peer reviewed by our team and peer reviewed by our customers for to... Consulting means the provision of advice and counsel that do not complement services. President for business and a Consultant to make our site work ; others us... Consultants responsibility and terms of use for additional Information consulting services agreement sec, and MILLENNIUM. ( users ) employing Consultants fitting my needs quickly and efficiently 00000 n Association of Certified...