Exhibit 10(xvi)
Consulting Agreement by and between New Generation Partners, Inc and Jacques Mot
dated as of July 5, 2000.
CONSULTING AGREEMENT
CONSULTING AGREEMENT (this "AGREEMENT"), dated as of July 5, 2000, by
and between NEW GENERATION PARTNERS, INC. a Delaware Corporation ("NGP") and
JACQUES MOT (the "CONSULTANT").
W I T N E S S E T H:
WHEREAS, NGP desires to engage Consultant to provide certain consulting
services to NGP upon the terms and conditions set forth below and Consultant
agrees to provide such consulting services upon such terms and conditions.
NOW, THEREFORE, in consideration of the premises and the mutual
covenants and agreements contained herein and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties hereto, intending to be legally bound, hereby agree as follows:
1. CONSULTING SERVICES. NGP hereby engages Consultant as a consultant
to provide NGP and its affiliates with financial and other general business
advice and services regarding the operation of NGP's business.
2. TERM. This Agreement shall commence as of the January 1, 2000 and
shall continue until the close of business on the day immediately
preceding the one year anniversary date thereof. Thereafter, this Agreement
shall automatically renew for successive one year terms unless a notice of
non-renewal is sent by either party not less than thirty (30) days prior to the
end of any one year term.
3. CONSULTING FEE. For Consultant's services hereunder, NGP will
pay to Consultant, a fee equal to $27,000 Dollars, payable on a monthly
basis.
4. CONFIDENTIALITY. The parties hereto agree at all times to keep all
information relating to this Agreement confidential and not disclose any such
information to any other individual or entity (except for legal and financial
representatives of a party, each of whom shall acknowledge the confidentiality
provisions of this Agreement and shall agree to be bound thereby), unless
required by law.
5. LAW APPLICABLE. This Agreement shall be governed by and construed
pursuant to the laws of New York without giving effect to any choice of law or
conflict of law provision or rule (whether of the State of New York or any other
jurisdiction) that would cause the application of the laws of any jurisdiction
other than the State of New York.
6. ASSIGNMENT, ETC. This Agreement may not be assigned by either party
without the prior written consent of the other party. This Agreement shall inure
to the benefit of and be binding upon the parties hereto and their respective
permitted assignees and/or successors in interest.
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7. SEVERABILITY. If any provision of this Agreement shall be held to be
invalid or unenforceable, and is not reformed by a court of competent
jurisdiction, such invalidity or unenforceability shall attach only to such
provision and shall not in any way affect or render invalid or unenforceable any
other provision of this Agreement, and this Agreement shall be carried out as if
such invalid or unenforceable provision were not contained herein.
8. NO WAIVER. A waiver of any breach or violation of any term,
provision or covenant contained herein shall not be deemed a continuing waiver
or a waiver of any future or past breach or violation. No oral waiver shall be
binding.
9. ENTIRE AGREEMENT; AMENDMENT. This Agreement constitutes the entire
agreement between the parties and supersedes all prior understandings or
agreements, whether written or oral, with respect to the subject matter hereof.
No amendment or modification of this Agreement shall be valid unless it is in
writing and signed by both parties.
10. COUNTERPARTS. This Agreement may be executed in counterparts, each
of which shall be an original, but all of which together shall constitute one
and the same instrument and it shall not be necessary in making proof of this
agreement to account for all such counterparts.
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IN WITNESS WHEREOF, the undersigned have hereunto set their
hands to this Agreement on the day and year first above written.
NEW GENERATION PARTNERS, INC.
By: /S/ ▇▇▇▇ HOKFELT
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Name: ▇▇▇▇ Hokfelt
Title: CEO
/S/ JACQUES MOT
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JACQUES MOT
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