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Independent Contractor Agreement

INDEPENDENT CONTRACTOR AGREEMENT

This Independent Contractor Agreement (this "Agreement") is made effective as of _____________ by and between Grahek Enterprises LLC DBA Grahek Technology (the "Company"), of 2040 W Main St STE 205, Rapid City, SD 57702, and (the "Contractor")_________________________ of _______________________________________________________________________________ In this Agreement, the party who is contracting to receive the services shall be referred to as "Company", and the party who will be providing the services shall be referred to as "Contractor".

DESCRIPTION OF SERVICES. Beginning on _________________, Contractor will provide the following services when requested (collectively, the "Services"): Cabling, Installation of Devices and products, and other requests of company as agreed to and contractor is capable and willing to do.
PAYMENT FOR SERVICES. Company will pay compensation to Contractor for the Services at a mutually agreed rate. Contractor shall charge a fair and competitive rate. Any changeorders will be agreed to in writing.
TERM/TERMINATION. This Agreement may be terminated by either party upon 30 days' written notice to the other party.
RELATIONSHIP OF PARTIES. It is understood by the parties that Contractor is an independent contractor with respect to Company, and not an employee of the Company. Company will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of the Contractor.
WORK PRODUCT OWNERSHIP. Any works, ideas, discoveries, inventions, products, or other information, whether or not copyrightable or patentable (collectively, the "Work Product") developed in whole or in part by the Contractor in connection with the Services shall be the exclusive property of the Company. Upon request, Contractor shall sign all documents necessary to confirm or perfect the exclusive ownership of the Company to the Work Product. Contractor shall not use any photos of work for any portfolio or public display.
CONFIDENTIALITY. Contractor may have had access to proprietary, private and/or otherwise confidential information ("Confidential Information") of the Company. Confidential Information shall mean all non-public information which constitutes, relates or refers to the operation of the business of the Company, including without limitation, all financial, investment, operational, personnel, sales, marketing, managerial and statistical information of the Company, and any and all trade secrets, customer lists, or pricing information of the Company. Contractor will not at any time or in any manner, either directly or indirectly, use for the personal benefit of the Contractor, or divulge, disclose, or communicate in any manner any Confidential Information. Contractor will protect such information and treat the Confidential Information as strictly confidential. This provision shall continue to be effective after the termination of this Agreement. Upon termination of this Agreement, Contractor will return to Company all Confidential Information, whether physical or electronic, and other items that were used, created, or controlled by the Contractor during the term of this Agreement.
INJURIES. Contractor acknowledges the Contractor's obligation to obtain appropriate insurance coverage for the benefit of the Contractor (and Contractor's employees, if any). Contractor waives any rights to recovery from the Company for any injuries that the Contractor (and/or Contractor's employees) may sustain while performing services under this Agreement and that are a result of the negligence of the Contractor or the Contractor's employees. Contractor will provide Company with a certificate naming Company as an additional insured party.
NO CONFLICTS. Contractor hereby represents and warrants to Company that its execution and performance of this Agreement does not and will not breach any other agreement and does not require the consent of any other person or entity.
INDEMNIFICATION. Contractor agrees to indemnify and hold harmless Company from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against the Company that result from the acts or omissions of the Contractor, the Contractor's employees, if any, and the Contractor's agents.
NON-COMPETE AGREEMENT. For a period of one year after the termination of this Agreement, Contractor will not directly or indirectly engage in any business that competes with Company. This covenant shall apply to the geographical area that includes all of the State of South Dakota. Contractor agrees that this non-compete provision will not adversely affect the livelihood of the Contractor.
ENTIRE AGREEMENT. This Agreement constitutes the entire contract between the parties. All terms and conditions contained in any other writings previously executed by the parties regarding the matters contemplated herein shall be deemed to be merged herein and superseded hereby. No modification of this Agreement shall be deemed effective unless in writing and signed by the parties hereto.
WAIVER OF BREACH. The waiver by Company of a breach of any provision of this Agreement by Contractor shall not operate or be construed as a waiver of any subsequent breach by Contractor.
SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
APPLICABLE LAW. This Agreement shall be governed by the laws of the State of South Dakota.
PAYMENT AND WORK QUALITY. Contractor agrees to provide quality work that is done correctly, to industry standards, and fits the customer/company need for aesthetics. Company will deduct damages to their discretion for improper workmanship, aesthetics issues. damaged goods provided by company or customer, and missing supplies in contractors possession. After contractor states job is done company will inspect job as soon as they are able to and give final signoff. Any repairs will need to be done before invoice is submitted. Invoices will be submitted with net 30 terms to billing@grahektechnology, drop off at our offices, or mail upon completion of project.
SIGNATORIES. This Agreement shall be signed by Chad Grahek, CEO on behalf of Grahek Enterprises LLC DBA Grahek Technology and by _________________ on behalf of Contractor Name. This Agreement is effective as of the date first above written.