
Independent Contractor
Agreement
This
Independent Contractor Agreement (“Agreement”) is
between ChinaTel Group, Inc. (“ChinaTel”) and Home
Plate Development, LLC (“Independent
Contractor”).
2. Term of this
Agreement
The term of
this Agreement shall be effective as of January 15, 2009 and shall
continue until April 15, 2009. While contracts such as
this have been renewed in the past for other Independent
Contractors of ChinaTel, renewals depend upon the current needs of
ChinaTel. The past pattern or practice of ChinaTel
in renewing Independent Contractor Agreements is no assurance that
this Agreement will be renewed beyond its stated term.
3. Services to be Performed by
Independent Contractor
Independent
Contractor shall perform temporary consulting services (“the
Services”) as an independent contractor to ChinaTel for
wireless telecommunications deployment and development of strategic
partners and/or joint ventures for ChinaTel in
Japan. The Services shall also include strategic and
corporate planning for ChinaTel’s efforts to enter the
wireless telecommunications business in the Japanese market and to
conduct business in Japan.
ChinaTel shall
pay Independent Contractor a fixed fee for the Services in the
amount of Two Hundred and Fifty Thousand Dollars ($250,000.00)
(“Independent Contractor Fee”). When fifty
percent (50%) of the Services have been performed by Independent
Contractor, Independent Contractor shall submit an invoice to
ChinaTel describing the Services performed. ChinaTel
shall pay Independent Contractor’s invoice for the Services
performed within thirty (30) days of receipt thereof by
ChinaTel. When the balance of the Services has been
performed by Independent Contractor, Independent Contractor shall
submit an invoice to ChinaTel describing the Services
performed. ChinaTel shall pay Independent
Contractor’s invoice for the balance of the Services
performed within thirty (30) days of receipt thereof by
ChinaTel.
5. State and Federal
Taxes
Independent
Contractor shall assume full responsibility for the payment of any
taxes (or any other obligations or payments) that may be claimed as
owed by any unit of government, as a result of remuneration paid to
Independent Contractor for the performance of the
Services. This includes income, Social Security,
Medicare and self-employment taxes. Independent
Contractor shall also pay all unemployment contributions related to
the performance of the Services. Independent Contractor
shall defend and indemnify ChinaTel with regard to any such
payments.
Neither
Independent Contractor nor Independent Contractor’s employees
shall be eligible to receive any employee benefits from ChinaTel,
including, but not limited to, medical, dental, vision, long-term
disability, accidental death and dismemberment, flexible spending
account, mental health services, family and medical care leave
benefits, vacation benefits and participation in any ChinaTel 401
(k) plan.
7. Independent Contractor
Status
The parties
intend Independent Contractor to act as an independent contractor
in the performance of the Services. Independent
Contractor shall have the right to control and determine the
methods and means of performing the
Services. Independent Contractor shall use its own
expertise and judgment in performing the Services, recognizing that
ChinaTel is relying on Independent Contractor to consult,
when