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Exhibit 99.1

 

 

 

 

Amended and Restated Independent Contractor Agreement

 

 

 

1.   Parties

 

This Amended and Restated Independent Contractor Agreement (“Agreement”) is between China Tel Group, Inc. (“ChinaTel”) and Susan Mulligan (“Independent Contractor”) and shall supersede any prior independent contractor agreements between Contractor and ChinaTel .

 

2.   Term of this Agreement

 

The term of this Agreement shall be effective as of January 1, 2009 and shall expire July 31, 2009 (“Term”).  This Agreement may be terminated by either party upon one party giving the other party ninety (90) days’ prior written notice.

 

3.   Services to be Performed by Independent Contractor

 

Independent Contractor shall perform the following professional services (the “Services”) of the following description as an independent contractor to ChinaTel acting as a Project Manager during the entire Term of this Agreement.  Among other services, the Services include, but are not limited to: (i) producing detailed comprehensive documentation as requested on various telecommunication and broadband projects; (ii) developing and maintaining task specific budgets; (iii) overseeing all aspects of a project including planning, resource allocation and budget; and (iv) staffing, structuring and maintaining a productive team of skilled employees on behalf of ChinaTel.

 

4.   Payment

 

ChinaTel shall pay Independent Contractor for the Services described below for a fixed fee of One Hundred Fifty Three Thousand One Hundred Fifteen (153,115) shares of ChinaTel’s Series A common stock issued as S-8 stock (“Independent Contractor Fee”). The Independent Contractor Fee shall be paid as soon as possible upon the expiration of the Term of this Agreement.    Any shares of ChinaTel’s Series A common stock previously issued to Contractor under any prior independent contractor agreement(s) with ChinaTel shall be returned to ChinaTel and cancelled.

 

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.

 

6.   Fringe Benefits

 

Independent Contractor shall not 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 his own expertise and judgment in performing the Services, recognizing that ChinaTel is relying on Independent Contractor to consult, when appropriate, with employees of ChinaTel and its subsidiaries and affiliated companies.

 

8.   Other Client


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