This Consulting Services Agreement involves
Title: Business Consulting Agreement dated as of __________, 2016, between _____________, a ______________ company (the "Consultant"), and Ecosphere Development Company LLC, a Washington limited liability company (the "Company")
Governing Law: Washington Date: 8/22/2016
Industry: Oil Well Services and Equipment Sector: Energy
Business Consulting Agreement dated as of __________, 2016, between _____________, a ______________ company (the “Consultant”), and Ecosphere Development Company LLC, a Washington limited liability company (the “Company”).
The Company desires to obtain the services of the Consultant and the Consultant desires to render services to the Company. In consideration of the mutual covenants and agreements herein set forth, the parties hereto have agreed, and do agree as follows:
Retention of Consultant. The Company hereby retains the Consultant for the compensation and on the terms and conditions hereinafter provided.
Acceptance by Consultant. The Consultant hereby accepts such retention for the compensation and on the terms and conditions hereinafter provided.
The Services . The services to be provided by the Consultant hereunder (the "Services") shall consist of advice and services with respect to the Company's business and financial management and long-range planning.
Compensation . This Agreement is subject to a Sublease Agreement between the Company and Galaxy Groves, LLC (“GG”).
As compensation for the Services, the Consultant shall be paid by the Company, on the first day of each month commencing four months after the later of the date that GG receives a certificate of occupancy from the local authorities and the issuance of a license to grow marijuana from the Washington Liquor Control Board (the “Commencement Date”), an aggregate amount equal to the sum of (a) $8,333.33 plus (b) 15% of the Company’s gross lease revenue from GG for the immediately preceding month, which initially shall be $37,500 per month. Gross lease revenue shall be an amount equal to the aggregate amounts received by the Company from the facilities, and/or business activities and operations conducted thereon, described in the Sublease Agreement listed on Exhibit A hereto, including without limitation the aggregate amounts received by the Company pursuant to the agreements listed on Exhibit A hereto (collectively, the “Grower Agreements”), as such agreements may be modified, renewed and/or replaced from time to time.
(b) Each such gross lease payment shall be accompanied by a report signed by the Company’s Chief Financial Officer certifying the amount and calculation of such gross lease revenue. The Consultant shall have the right, at his own expense and not more often than once a year, to have a Certified Public Accountant (who has agreed to maintain the confidentiality of the information reviewed pursuant to a mutually satisfactory confidentiality agreement) examine the books of the Company to verify the calculation of such gross lease revenue; such examination shall be at the expense of the Consultant,