Exhibit 10.10
INDEPENDENT CONTRACTOR
AGREEMENT
This Independent Contractor
Agreement (the “Agreement”) is effective as of
January 1, 2005 by and between Spheric Technologies, Inc.
(“Company”) and Michael Kirksey
(“Contractor”), pursuant to which Contractor will
provide the services described in this Agreement to
Company.
1. Duties . Contractor
shall provide service as Executive Vice President and Chief
Operating Officer to Company. Contractor will complete the services
according to Contractor’s own lawful means and methods of
work, which shall be subject to the control or supervision of
Company. Such services shall be performed in accordance with the
professional and quality control standards generally accepted in
the industry.
2. Status of Contractor As An
Independent Contractor . Contractor is not an employee of
Company and nothing contained in this Agreement or in the
relationship between Company and Contractor shall be deemed to:
(a) constitute an employment relationship; (b) constitute
a partnership, joint venture or agency relationship; or
(c) give Contractor the authority to execute any contracts or
documents on Company’s behalf without first consulting with
Company. It is the parties’ intention that Contractor shall
be an Independent Contractor and not an employee for all purposes,
including, but not limited to, the application of the Social
Security Act, the Fair Labor Standards Act, the provisions of the
Internal Revenue Code, the Arizona Revenue and Taxation Code
relating to income tax withholding at the source of income, Arizona
Workers’ Compensation Act and the Arizona Unemployment
Insurance Code. Contractor shall be solely liable for
Contractor’s contributions and liabilities under the
above-m
