Contractor Agreement
This Agreement comprises the terms set out in section 1, the parties' attestation clauses set out in section 2 and the standard terms set out in section 3.
1. | Term Sheet |
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1.1 | Name of | JAWAF Enterprises Pty Ltd (ABN 80 607 150 130) (referred to in this | ||
| Contractor: | Agreement as the "Contractor") | ||
| Address: | PO Box 102, Gordon NSW 2072 | ||
1.2 | Principal: | 5E Advanced Materials, Inc (referred to in this Agreement as “Principal") | ||
1.3 | Services: | as set out in Schedule A to this Agreement, and as agreed between the Principal and the Contractor from time to time | ||
1.4 | Location of the Services: | New South Wales OR as agreed between Principal and the Contractor from time to time | ||
1.5 | Period of Engagement and Termination: | This Agreement will commence on 1 April 2022 and will continue until 31 December 2022 or until terminated by either party in accordance with the terms of this Agreement. Either the Principal or the Contractor may terminate this Agreement at any time and for any reason by giving 60 days' notice. Either party may terminate this Agreement at any time without notice if the other party is in material breach of any provision of this Agreement. | ||
1.6 | Agreed Fee: | Fees will be payable in respect of Services performed as follows: Initial three months to 30 June 2022 – A$25,000 per month Post 1 July 2022 – A$15,000 per month | ||
1.7 |
Invoicing Schedule |
Monthly in arrears |
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1.8 | Approved Person(s) |
Anthony Hall | ||
2. Parties
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14 Feb 2022 | ||
Signed on behalf of Contractor | Date:
14 Feb 2022 | |||
Signed on behalf of Principal | Date: |
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The Contractor through Anthony Hall has been providing management services to the Principal and its predecessor, American Pacific Borates Limited, since March 2017.
The Principal is looking to engage the Contractor to provide ongoing support primarily with respect to supporting the CEO and Head of Investor Relations in the public markets and reviewing ASX releases where relevant.
The Contractor's services may be required at such times and locations as are set out in this Agreement. The engagement commences on the date specified in Clause 1.5.
The Contractor must use the Approved Person to provide the Services unless otherwise agreed, and otherwise:
The Contractor warrants that:
The Principal will:
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The Contractor will not either during this Agreement or at any time after (except in the proper cause of providing the Services or as required by the Principal) use or disclose to any person, any trade or business secret or any Confidential Information of which the Contractor became aware during the course of providing the Services.
The Contractor warrants to the Principal that the Principal is not liable to the Contractor, its employees, agents or any other person performing the Services for any employee entitlements including but not limited to wages, award and statutory benefits, superannuation and leave entitlements or tax payments. The Contractor agrees that it will not, and will procure that the Approved Person does not make any claim against the Principal for any employment related amounts including but not limited to wages, award and statutory benefits, leave entitlements, tax-related payments and penalties or termination-related payments.
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of which the Contractor becomes aware or generates (both before and after the date of this Agreement) in the course of, or in connection with, the provision of the Services to the Principal.
The parties to this Agreement are the Principal and the Contractor.
This Agreement is governed by the laws in force in the State of Texas and each party submits to the exclusive jurisdiction of the courts in the County of Harris, Houston, Texas.
Schedule A
Services
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