|
Exhibit 10(v)
TRANSITIONAL CONSULTING AGREEMENT
This Transitional Consulting Agreement (this "Agreement") is
entered into and effective as of November 17, 2006 (the
"Effective Date") by and between NEWMONT USA LIMITED, a Delaware
corporation with offices at 1700 Lincoln Street, Denver, Colorado
80203 ("Newmont"), and Bruce Hansen ("Contractor").
In consideration of the mutual promises and conditions contained
in this Agreement, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
This Agreement shall be effective from the
Effective Date to May 16, 2007 (the "Term"). The Term may only
be extended by a written agreement between the parties.
During the Term, Contractor shall provide
consultation and transitional services to Newmont ("Services"), as
requested by Newmont. Contractor shall not have an office with
Newmont, nor shall Contractor have daily duties or
responsibilities. Contractor shall be available to Newmont during
the Term of this Agreement for Services, as determined in the sole
discretion of Newmont.
|
3.
|
COMPENSATION FOR SERVICES
|
As compensation for the performance of the
Services hereunder, Newmont shall pay Contractor a lump sum amount
of $458,626.97 in 2007, and no later than January 15,
2007.
|
4.
|
OWNERSHIP AND SUBMISSION OF INFORMATION AND
RECORDS
|
All records, reports, data, work product, and
other information, and all copyrightable subject matter, and all
copies of any of the foregoing and notes related thereto, prepared,
generated, researched, developed, compiled, or obtained from any
source whatsoever in performance of the Services, including but not
limited to drawings, databases, deliverables, sketches,
specifications, tracings, diagrams, evaluations, calculations, data
books, schedules, operating instructions, and requisitions (the
"Data") shall remain the sole property of Newmont.
This Section shall survive the expiration or termination of this
Agreement.
A. Contractor shall not disclose to third parties
or use for purposes other than performing the Services, any
information that relates to the technical, legal, or business
affairs, interests or activities of Newmont or its Affiliates which
was provided to or otherwise made available to Contractor by
Newmont or any of its Affiliates in connection with entering into
this Agreement or the performance of the Services (collectively,
"Confidential Information"), without the prior written consent of
Newmont, unless said information:
(i) is, or shall have been, in the possession of Contractor and
not subject to a confidentiality obligation prior to
Contractor’s acquisition thereof in connection with the
performance of the Services;
(ii) through no act or omission of Contractor, becomes published
or otherwise available to the public under circumstances
|
