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Exhibit 99.1

 

 

 

 

Independent Contractor Agreement

 

1.  Parties

 

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.

 

4.  Payment

 

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.

 

 

 

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6.  Fringe Benefits

 

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


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