0000 Paul's Path
July 12, 2004
Technical Support
Red Hat Software, Inc.
4201 Research Commons,
Dear Technical Support Department:
I am writing this letter to ask you some technical questions about hardware support in version 9.1 of Red Hat Linux. I saw Red Hat Software's advertisement for version 9.1 of Linux in the August, 2004, issue of Linux Journal. I was quite impressed with the capabilities as listed in the advertisement, and I would like to learn some more about the product. Before I make the decision to purchase the software, I need to be certain that it will work properly on my computer.
I have three hardware support questions that I would like you to answer. I have reviewed the technical support information at Red Hat Software's home page (https://www.redhat.com/), but I have not been able to find answers to my questions. The three hardware-related questions that I have are as follows:
Does the latest release of Red Hat Linux support the Diamond Viper 330 PCI video card? This card uses the Riva chipset released by NVIDIA Corporation.
If Red Hat Linux does not currently have a driver for this card, is there a timetable for when the card will be supported?
Is there an online site for the latest list of supported hardware. This would be a great aid to me in the future, as I often upgrade my machine.
I am aware that some of the early versions of Red Hat Linux were not able to support some of Diamond Multimedia's products, and I hope that new drivers have been created in this latest software release. If the latest release of Red Hat Linux can support my video hardware, I will definitely purchase the product. I feel that the price on the product is exceptional, and the range of features is outstanding.
For your convenience, you can respond to me by e-mail. My e-mail address is [email protected]. If you prefer to respond by telephone, you can reach me at (512) 000-0000. I appreciate any assistance that you are able to provide me.
Sincerely,
W. Gary N.
- about item features
1102 West 30th
August 4, 2004
Dr. Maria Gomez-Salinas
Director of the Diabetes Clinic
St. David's Hospital
Dear Dr. Gomez-Salinas:
I am writing to you in hopes of finding out more about how the new Glucoscan II blood glucose monitoring system, which a representative at Lifescan informed me that your clinic is currently using.
Originally, I saw Lifescan's advertisement of this new device in the January 19XX issue of Diabetes Forecast and became very interested in it. I wrote the company and got much useful information, but was recommended to write several current users of the system as well.
For a technical report that I am writing for a
technical writing class at
How often does the Glucoscan II need to be calibrated in practical, everyday use conditions?
How accurate is the Glucoscan II compared to other similar systems that your patients have used?
What problems do your patients experience with this new device?
The Lifescan representative indicated that your clinic is one the leaders in implementing new technology for diabetics, and therefore I am eager to hear from you. In the report I will acknowledge your contributions, and I will send you a copy of the completed report if you wish.
Thank you for your time, and I hope to hear from you soon.
Sincerely,
Anita Teller
Student, Medical Technology
a) this is your desire
b) there is any way that
c) it takes between four to six weeks
d) I would be most
e) I regret to inform you that I have been
f) I would like to thank you
Reply to a demand
Dear Madams or Sirs,
After checking with all of our other stores in the area, _________ unable to locate another [item requested] for you.
If you would like me to place a special order, _________ happy to do so. Normally, _________ to receive merchandise ordered in this manner.
If _________, please call me at your convenience at [telephone and extension].
On behalf of [name of firm] _________ for shopping at our store and if _________ we can be of further assistance to you, please let us know.
Dear Sirs,
In the (last / past) twelve months you have (purchase / purchased) a considerable amount (of / with) merchandise from us, (witch / which) pleases us greatly
Since you have never (took / taken) advantage of the 2% (account / discount) we offer for early payment, we thought that you might be unaware of just (how / who) substantial your savings could be. The savings on last year's purchases (lonely / alone) would have amounted to $...
By paying us (with / within) 10 days of delivery, you can (actually / actual) save 24% of the face amount of your average monthly bill over the period of a year. There are, (of / in) fact, firms who prefer to borrow funds to (take / make) advantage of this discount.
Of course, you know what is (most / worst / best) for your own business, but we want to be sure ( this / that / which) you are aware (of / from / about) this savings factor.
We (would / wood) like to take this opportunity to (thanks / thank you) for the orders you (have given / give) to us over this past year and the promptness (with which / which with) you have always paid. It is a pleasure doing business with (yours / your / you're) firm.
| Item | Catalogue | Colour | Qty | Price |
| Conference Desk | HN-33080-WB | Sandalwood | | $478 ea. |
| Credenza | HN-36887-WK | Sandalwood | | $431 ea. |
| Executive Chair | HP-56563-SE | Toasted Tan | | $422 ea. |
| File Cabinet | HN-5344C-K | Beige | | $135 ea. |
| Letter Tray | K5-299907-A | Black | | $17.5 ea. |
Dears Sirs,
We have receive your Purchase Order Number [number], dated [date]. We regret to inform your that said order canot be filled at this times due to the folowing reason:......
Should you care too discuss this matter furthear, please feell free to conntact me at the noumber....... .
We look forwards to your future orderes and are redy to assist you inn any way possibile.
Yours truely
'empty, foreseen, punctuality, beneficiaries, departure, luckily, general, impatience'
Reply to order:
Dear Sirs,
Thank you for your order. At this time we cannot fill your order due to an unexpected shipment delay from our overseas suppliers.
We will hold your order for arrival of the merchandise, and ship shortly thereafter. Unfortunately, we cannot provide you with a specific shipping date at this time.
Thank you for your anticipated patience in this matter
Yours truly
a) this b) these c) those
a) Thank b) Than c) Thanks
a) you b) yours c) your
a) Every b) Very c) Ever
Acknowledgement and acceptance of order
Date: _
To: _ [Customer] _
We are in receipt __1__ your order __2__ contained __3__ the attached purchase __4__ form.
We confirm __5__ on said order subject __6__ to the following exceptions:_ [Describe] _.
On exceptions noted, we shall __7__ you agree to same __8__ objection is __9__ within ten __10__ of receipt of __11__ notice.
__12__ you for __13__ patronage.
__14__ truly
Types of contracts
a) they wereb) the reason whyc) of different typesd) their use ande) entering the contracts, |
f) render clearlyg) to their purposeh) the latter arei) and their namesj) or to the parties |
As the sales-purchase ________ is the most _________ spread type of document in the field of _________ relationship, the most important clauses that _________ a draft of such a contract will be _________ as follows, just as to form a _________ that can be altered and _________ as various real life situations may _________. |
contractorwidecommerceconstitutionpresentationbasicadjustmentrequirement |
"Form adverbs from the following adjectives and place them in the right blank in the text:
sophisticated mere usual
____________ being long and very ____________ elaborated, only some examples of contracts will do to serve the purpose of ____________ familiarizing with the style of these documents, too.
&
Parties: ____________________(1)_____ _______ ______ ________, as "Seller", of ________(2)________, Phone: _____(3)________, and ______________(4)___________________ as "Buyer" of _______________(5)__________, Phone: _______(6)______, hereby agree that the Seller shall sell and Buyer shall buy the following property upon the following terms and conditions:
I. Description:
a) Legal
description of real estate ("Property") located in _______(7)
b) Street address, if any, of the Property being conveyed is:
c) Personal property including all buildings and improvements on the property and all right, title and interest of Seller in and to adjacent streets, roads, alleys and rights-of-way, and:
II. Purchase price $_______(9)______
payment:
a) Cash Deposit(s) to be held in escrow by _____________(10)________________ in the amount of $______(11)______ and promissory note to be held in same escrow as additional earnest Buyer's default in the amount of $______(12)______
b) Assumption of Mortgage in favour of _____________(13)_________________ bearing interest at ___(14)____% per annum and payable as to principal and interest $_____(15)______ per month, having an approximate present principal balance of $______(16)______
c) Purchase money mortgage and note bearing interest at ___(17)___% on terms set forth herein below, in the principal amount of $______(18)______
d) Other: $______(19)______
e) Balance to close, (U.S. Cash, certified or cashier's check) subject to adjustments and prorations $______(20)______
Total $_______(9)______
III. Survey & title commitment; permitted exceptions.
a) Preliminary Title Report. Within twenty (20) days from the date hereof, Seller, at Purchaser's sole cost and expense, shall cause a title insurance company ("Title Company") to issue and deliver to Purchaser an ALTA Form B title commitment ("Title Commitment") in the full amount of the Purchase Price of the real estate. Purchaser shall pay the premium for the policy at or before the closing as set forth herein. In the event title is found to be unmerchantable because of title defects, Purchaser or his attorney shall notify the Seller or its attorney in writing within five (5) days of the date of receipt of said Title et forth herein. In the event title is found to be unmerchantable title to the property and Seller shall have a period of one hundred twenty (120) days after receipt of such written notice within which to cure said defects in title and this sale shall be closed within ten (10) days after written notice of such curing Upon Seller's failure to cure defects of which written notice has Upon Seller's failure to cure defects of which written notice has been given, within the time limit aforesaid, the deposit this day paid shall be returned and all rights and liabilities arising hereunder shall terminate, or Purchaser may close this transaction in the same manner as if no title defects had been found.
b) Survey. If the Purchaser desires a survey of the Property, it may have the Property surveyed at its expense prior to the closing date. If the survey shows encroachments on the Property herein described, or that the improvements located on the Property herein described encroach on other lands, written notice of that effect shall be given to the Seller and Seller shall have the same time to remove such encroachments as is allowed under this Agreement for the curing of defects of title (see Section III a) herein). If the Seller shall fail to remove or cure said encroachments within the period of time, then the deposit this day paid shall be returned to Purchaser and all rights and liabilities arising hereunder shall terminate, or Purchaser may close this transaction in the same manner as if no defects had been found.
IV. Provisions with respect to closing.
a) Closing Date. The consummation of the transaction contemplated by this Agreement ("Closing") shall take place at such place as designated by Seller on or before _____(21)______, or at such earlier date as agreed mutually, unless extended by other provisions hereof.
b) Seller's Obligation at Closing. At Closing, Seller shall do the following:
Execute, acknowledge, and deliver to Purchaser a Warranty Deed conveying the Property to Purchaser subject to:
(i) taxes and assessments for year of closing and subsequent years;
(ii) restrictions, easements and zoning ordinances of record, if any;
(iii)public utility easements of record, if any;
(iv) Mortgage to be assumed as described above; Any variance in the amount of said mortgage from the amount stated herein shall be added to or deducted from either the cash payment or the second mortgage as the Seller may elect.
(v) Other:
c) Purchaser's Obligations at Closing. Subject to the terms, conditions and provisions hereof, and concurrently with the performance by Seller of its obligations set forth in Section IV b) above, Purchaser shall deliver to Seller cashier's check or other immediate local funds in the amount set forth in Section II of this Agreement.
d) Closing Costs.
Seller shall pay the following costs and expenses in connection with the Closing:
(i) Documentary stamps which are required to be affixed to the Warranty Deed;
Purchaser shall pay the following costs and expenses in connection with the closing:
(i) The intangible tax required by law on the mortgage.
(ii) All recording costs, including recording of the deed, mortgage, and any documents required in connection with the title insurance commitment.
(iii) The premium payable for the title commitment and title policy issued pursuant thereto.
(iv) Survey work.
e) Proration of Taxes. Taxes for the year of the Closing shall be prorated to the date of Closing. If the Closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate of the preceding year applied to the latest assessed valuation.
V. Provisions with respect to default.
a) Default by Purchaser. If Purchaser fails to perform this Agreement, the deposit this day paid by Purchaser as aforesaid shall be retained by or for the account of Seller as consideration for the execution of this Agreement. In such event the parties agree that said sum shall constitute liquidated damages since both Purchaser and Seller agree that actual damages for default or breach of contract could not readily be ascertained at the date of execution of this Agreement.
b) Default by Seller. If Seller fails to perform this Agreement, the aforesaid deposit shall be returned to Purchaser and this shall be the sole remedy of Purchaser under this Agreement.
VI. Other contractual provisions.
a) Notices. Any notice to be given or to be served upon any party hereto, in connection with this Agreement, must be in writing, and may be given by certified mail and shall be deemed to have been given and received when a certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States Mail; and if given otherwise than by certified mail, it shall be deemed to have been given when delivered to and received by the party to whom it is addressed. Such notices shall be given to the parties hereto at the addresses stated above.
Any party hereto may, at any time by giving five (5) days' written notice to the other party hereto, designate any other address in substitution of the foregoing address to which such notice shall be given and other parties to whom copies of all notices hereunder shall be sent.
b) Assignability. The Purchaser is prohibited from assigning all or any part of this Agreement.
c) Entire Agreement; Modification. This Agreement embodies and constitutes the entire understanding between the parties with respect to the transaction contemplated herein. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement. Neither this Agreement nor any provision hereof may be waived, modified, amended, discharged, or terminated except by an instrument in writing signed by the party against which the enforcement of such waiver, modification, amendment, discharge or termination is sought, and then only to the extent set forth in such instrument.
d) Applicable Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of _______(22)________.
e) Headings. Descriptive headings are for convenience and shall not control or affect the meaning or construction of any provision of this Agreement.
f) Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns.
g) Counterparts. This Agreement may be executed in several counterparts, each constituting a duplicate original, but all such counterparts constituting one and the same Agreement.
h) Interpretation. Whenever the context hereof shall require, the singular shall include the plural, the male gender shall include the female gender and the neuter, and vice versa.
i) Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
j) Section 1031 Exchange. Upon request by Seller, Purchaser shall cooperate with Seller in order to effectuate the goal of Seller to have this transaction qualify for a tax deferred treatment under Section 1031 of the Internal Revenue Code of 1986, as amended, provided that Purchaser is put to no additional expense, in this regard, and that the closing is not materially delayed. Formal provisions detailing the exchange shall be entered into by the parties and made a part of the final contract of exchange, no later than as such time as Purchaser shall acknowledge satisfaction of the contingencies to its obligation to close this transaction.
k) Time for Acceptance & Effective Date. If this offer is not executed by both parties hereto on or before ____(23)_______, the aforementioned deposits shall be returned to Purchaser, and this offer shall thereafter be null and void. The date of the Agreement ("Effective Date") shall be the date when the last one of the Seller and Purchaser has signed this offer.
In witness whereof, the parties hereto have executed this Agreement.
Witnesses: "Purchaser"
__________(24)_______ ________(25)__________
Date: _______(26)_________
_____________(27)_________
Date: _______(26)_________
"Seller"
_____________(28)__________
Date: _______(26)___________
_____________(29)________
Date: _______(26)_________
"Escrow Agent"
_____________(30)__________
Date: _______(26)__________
Business Consultant Agreement
This agreement dated __________(1)___________, is made By and Between ________(2)____________, whose address is ____________(3)_________, referred to as "Company", AND ____________(4)_______, whose address is ________(5)________, referred to as "Consultant."
1. Consultation Services. The company hereby employs the consultant to perform the following services in accordance with the terms and conditions set forth in this agreement: The consultant will consult with the officers and employees of the company concerning matters relating to the management and organization of the company, their financial policies, the terms and conditions of employment, and generally any matter arising out of the business affairs of the company.
2. Terms of Agreement. This agreement will begin __________(6)__________ and will end _________(7)__________. Either party may cancel this agreement on thirty (30) days notice to the other party in writing, by certified mail or personal delivery.
3. Time Devoted by Consultant. It is anticipated the consultant will spend approximately ___(8)___ in fulfilling its obligations under this contract. The particular amount of time may vary from day to day or week to week. However, the consultant shall devote a minimum of ___(9)___ per month to its duties in accordance with this agreement.
4. Place Where Services Will Be Rendered. The consultant will perform most services in accordance with this contract at ___________(10)_________. In addition the consultant will perform services on the telephone and at such other places as designated by the company to perform these services in accordance with this agreement.
5. Payment to Consultant. The consultant will be paid at the rate of $___(11)_____ per ____(12)____ for work performed in accordance with this agreement. However, the consultant will be paid at least $___(13)___ per month regardless of the amount of time spent in accordance with this agreement. The consultant will submit an itemized statement setting forth the time spent and services rendered, and the company will pay the consultant the amounts due as indicated by statements submitted by the consultant within ten (10) days of receipt.
6. Independent Contractor. Both the company and the consultant agree that the consultant will act as an independent contractor in the performance of its duties under this contract. Accordingly, the consultant shall be responsible for payment of all taxes including Federal, State and local taxes arising out of the consultant's activities in accordance with this contract, including by way of illustration but not limitation, Federal and State income tax, Social Security tax, Unemployment Insurance taxes, and any other taxes or business license fee as required.
7. Confidential Information. The consultant agrees that any information received by the consultant during any furtherance of the consultant's obligations in accordance with this contract, which concerns the personal, financial or other affairs of the company will be treated by the consultant in full confidence and will not be revealed to any other persons, firms or organizations.
8. Employment of Others. The company may from time to time request that the consultant arrange for the services of others. All costs to the consultant for those services will be paid by the company but in no event shall the consultant employ others without the prior authorization of the company.
9. Signatures. Both the company and the consultant agree to the above contract.
Witnessed by:
Company
_______(14)________ _______(15)_________
By:
___________(14)____ ____(16)__________
Consultant
Stock Purchase Agreement
This Agreement is made and entered into this _(1)_ day of ________(2)_______, 20_(3)_, by and between _________(4)_________, (hereinafter referred to as "Seller") and ________(5)___________, (hereinafter referred to as "Purchaser");
W i t n e s s e s:
Whereas, the Seller is the record owner and holder of the issued and outstanding shares of the capital stock of ____(6)____, (hereinafter referred to as the "Corporation"), a ___(7)___ corporation, which Corporation has issued capital stock of _(8)_ shares of $___(9)___ par value common stock, and
Whereas, the Purchaser desires to purchase said stock and the Seller desires to sell said stock, upon the terms and subject to the conditions hereinafter set forth;
Now, therefore, in consideration of the mutual covenants and agreements contained in this Agreement, and in order to consummate the purchase and the sale of the Corporation's Stock aforementioned, it is hereby agreed as follows:
1. Purchase and sale:
Subject to the terms and conditions hereinafter set forth, at the closing of the transaction contemplated hereby, the Seller shall sell, convey, transfer, and deliver to the Purchaser certificates representing such stock, and the Purchaser shall purchase from the Seller the Corporation's Stock in consideration of the purchase price set forth in this Agreement. The certificates representing the Corporation's Stock shall be duly endorsed for transfer or accompanied by appropriate stock transfer powers duly executed in blank, in either case with signatures guaranteed in the customary fashion, and shall have all the necessary documentary transfer tax stamps affixed thereto at the expense of the Seller.
The closing of the transactions contemplated by this Agreement (the "Closing"), shall be held at ________(10)_________, on ______(11)______, at ______(12)______, or such other place, date and time as the parties hereto may otherwise agree.
2. Amount and payment of purchase price.
The total consideration and method of payment thereof are fully set out in Exhibit "A" attached hereto and made a part hereof.
3. Representations and warranties of seller.
Seller hereby warrants and represents:
(a) Organization and Standing.
Corporation is a corporation duly organized, validly existing and in good standing under the laws of the State of ____(13)____ and has the corporate power and authority to carry on its business as it is now being conducted.
(b) Restrictions on Stock.
i. The Seller is not a party to any agreement, written or oral, creating rights in respect to the Corporation's Stock in any third person or relating to the voting of the Corporation's Stock.
ii. Seller is the lawful owner of the Stock, free and clear of all security interests, liens, encumbrances, equities and other charges.
iii. There are no existing warrants, options, stock purchase agreements, redemption agreements, restrictions of any nature, calls or rights to subscribe of any character relating to the stock, nor are there any securities convertible into such stock.
4. Representations and warranties of seller and purchaser.
Seller and Purchaser hereby represent and warrant that there has been no act or omission by Seller, Purchaser or the Corporation which would give rise to any valid claim against any of the parties hereto for a brokerage commission, finder's fee, or other like payment in connection with the transactions contemplated hereby.
5. General Provisions
(a) Entire Agreement.
This Agreement (including the exhibits hereto and any written amendments hereof executed by the parties) constitutes the entire Agreement and supersedes all prior agreements and understandings, oral and written, between the parties hereto with respect to the subject matter hereof.
(b) Sections and Other Headings.
The section and other headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement.
(c) Governing Law.
This
agreement, and all transactions contemplated hereby, shall be governed by,
construed and enforced in accordance with the laws of the State of
____(14)_____. The parties herein waive trial by jury and agree to submit to
the personal jurisdiction and venue of a court of subject matter jurisdiction
located in ______(15)
In witness whereof, this Agreement has been executed by each of the individual parties hereto on the date first above written.
Signed, sealed and delivered in the presence of:
_____________(18)_______
______________(17)____
_____________(19)______
______________(17)______
I, _________(1)_________, do hereby subscribe to purchase __(2)__ shares of Stock of ___________(3)___________, a ___(4)___ corporation (the "Company"), Par Value of which is $___(5)___, and for which I agree to pay $___(6)___ per share, for a total purchase price of $___(7)____.
I agree that my failure to pay any installments as may be required in a promissory note accompanying this subscription agreement is a default of my obligation hereunder, and if those installments are not timely paid, (i) the Company may immediately terminate this Agreement; (ii) my right, title and interest in all the stock purchased hereby shall be null and void; (iii) the Company may cancel all shares of stock then held by me; (iv) I shall forfeit any monies which have been paid to the Company hereunder; and (v) I shall be deemed to have waived any and all claims or cause(s) of action which I may have against the Company.
Dated: ________(8)___________
______________(9)______________
Sworn to and subscribed before me this _(10)_ day of________(11)_______, 19_(12)_.
(Seal)
_____________(13)______________
Notary Public
My Commission Expires:
_________(14)____________
Accepted by and for the Corporation:
_____________(15)______________
President
Dated: _________(16)___________
This Agreement made and entered into this __(1)__ day of _______(2)_______, 19__(3)_, by and between ______(4)_______, of ______(5)_______, hereinafter referred to as "employer", and ______(6)_______, of _______(7)_____, hereinafter referred to as "employee".
The parties recite that:
A. Employer is engaged in ______(8)_________ and maintains business premises at _______(9)__________.
B. Employee is willing to be employed by employer, and employer is willing to employ employee, on the terms and conditions hereinafter set forth.
For the reasons set forth above, and in consideration of the mutual covenants and promises of the parties hereto, employer and employee covenant and agree as follows:
1. Agreement to employ and be employed
Employer hereby employs employee as _______(10)_____ at the above-mentioned premises, and employee hereby accepts and agrees to such employment.
2. Description of employee's duties
Subject to the supervision and pursuant to the orders, advice, and direction of employer, employee shall perform such duties as are customarily performed by one holding such position in other businesses or enterprises of the same or similar nature as that engaged in by employer. Employee shall additionally render such other and unrelated services and duties as may be assigned to him from time to time by employer.
3. Manner of performance of employee's duties
Employee shall at all times faithfully, industriously, and to the best of his ability, experience, and talent, perform all duties that may be required of and from him pursuant to the express and implicit terms hereof, to the reasonable satisfaction of employer. Such duties shall be rendered at the abovementioned premises and at such other place or places as employer shall in good faith require or as the interests, needs, business, and opportunities of employer shall require or make advisable.
4. Duration of employment
The term of employment shall be __(11)__ years, commencing on _______(12)________, 19__(13)_, and terminating _______(14)________, 19__(15)_, subject, however, to prior termination as provided in Sections 8 and 9 hereof.
5. Compensation; Reimbursement
Employer shall pay employee and employee agrees to accept from employer, in full payment for employee's services hereunder, compensation at the rate of ____(16)______ Dollars ($________) per annum, payable ____(17)____. In addition to the foregoing, employer will reimburse employee for any and all necessary, customary, and usual expenses incurred by him while traveling for and on behalf of the employer pursuant to employer's directions.
6. Employee's loyalty to employer's interests
Employee shall devote all of his time, attention, knowledge, and skill solely and exclusively to the business and interests of employer, and employer shall be entitled to all benefits, emoluments, profits, or other issues arising from or incident to any and all work, services, and advice of employee. Employee expressly agrees that during the term hereof he will not be interested, directly or indirectly, in any form, fashion, or manner, as partner, officer, director, stockholder, advisor, employee, or in any other form or capacity, in any other business similar to employer's business or any allied trade, except that nothing herein contained shall be deemed to prevent or limit the right of employee to invest any of his surplus funds in the capital stock or other securities of any corporation whose stock or securities are publicly owned or are regularly traded on any public exchange, nor shall anything herein contained by deemed to prevent employee from investing or limit employee's right to invest his surplus funds in real estate.
7. Nondisclosure of information concerning business
Employee will not at any time, in any fashion, form, or manner, either directly or indirectly divulge, disclose, or communicate to any person, firm, or corporation in any manner whatsoever any information of any kind, nature, or description concerning any matters affecting or relating to the business of employer, including, without limitation, the names of any its customers, the prices it obtains or has obtained, or at which it sells or has sold its products, or any other information concerning the business of employer, its manner of operation, or its plans, processes, or other date of any kind, nature, or description without regard to whether any or all of the foregoing matters would be deemed confidential, material, or important.
The parties hereby stipulate that, as between them, the foregoing matters are important, material, and confidential, and gravely affect the effective and successful conduct of the business of employer, and its good will, and that any breach of the terms of this section is a material breach of this agreement.
8. Option to terminate on permanent disability of employee
Notwithstanding anything in this agreement to the contrary, employer is hereby given the option to terminate this agreement in the event that during the term hereof employee shall become permanently disabled, as the term "permanently disabled" is hereinafter fixed and defined. Such option shall be exercised by employer giving notice to employee by registered mail, addressed to him in care of employer at the above stated address, or at such other address as employee shall designate in writing, of its intention to terminate this agreement on the last day of the month during which such notice is mailed. On the giving of such notice this agreement and the term hereof shall cease and come to an end on the last day of the month in which the notice is mailed, with the same force and effect as if such last day of the month were the date originally set forth as the termination date. For purposes of this agreement, employee shall be deemed to have become permanently disabled if, during any year of the term hereof, because of ill health, physical or mental disability, or for other causes beyond his control, he shall have been continuously unable or unwilling or have failed to perform his duties hereunder for thirty (30) consecutive days, or if, during any year of the term hereof, he shall have been unable or unwilling or have failed to perform his duties for a total period of thirty (30) days, whether consecutive or not. For the purposes hereof, the term "any year of the term hereof" is defined to mean any period of 12 calendar months commencing on the first day of _____(18)______ and terminating on the last day of ____(19)_____ of the following year during the term hereof.
9. Discontinuance of business as termination of employment
Anything herein contained to the contrary notwithstanding, in the event that employer shall discontinue operations at the premises mentioned above, then this agreement shall cease and terminate as of the last day of the month in which operations cease with the same force and effect as if such last day of the month were originally set forth as the termination date hereof.
10. Employee's commitments binding on employer only on written consent
Employee shall not have the right to make any contracts or other commitments for or on behalf of employer within the written consent of employer.
11. Contract terms to be exclusive
This written agreement contains the sole and entire agreement between the parties, and supersedes any and all other agreements between them. The parties acknowledge and agree that neither of them has made any representation with respect to the subject matter of this agreement or any representations inducing the execution and delivery hereof except such representations as are specifically set forth herein, and each party acknowledges that he or it has relied on his or its own judgment in entering into the agreement. The parties further acknowledge that any statements or representations that may have heretofore been made by either of them to the other are void and of no effect and that neither of them has relied thereon in connection with his or its dealings with the other.
12. Waiver or modification ineffective unless in writing
No waiver or modification of this agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. Furthermore, no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration, or litigation between the parties arising out of or affecting this agreement, or the rights or obligations of any party hereunder, unless such waiver or modification is in writing, duly executed as aforesaid. The provisions of this paragraph may not be waived except as herein set forth.
13. Contract governed by law
This agreement and performance hereunder and all suits and special proceedings hereunder shall be construed in accordance with the laws of the State of _______(20)_______.
14. Binding effect of agreement
This agreement shall be binding on and inure to the benefit of the respective parties and their respective heirs, legal representatives, successors, and assigns.
Executed on the date first above written.
"Employer"
"Employee"
Construction Contract
This agreement made this _(1)_ day of ____(2)______, 19__(3)_, by and between _____(4)____, of ___(5)_____, herein referred to as "owner", and _____(6)___, of ____(7)___, herein referred to as "contractor".
Owner and contractor in consideration of the mutual covenants hereinafter set forth agree as follows:
Section One
Structure and Site
Contractor shall furnish all labor and materials necessary to construct a ____(8)______, upon the following described property, which owner warrants he owns, free and clear of liens and encumbrances: ______(9)____.
Section Two
Plans
Contractor shall construct the structure in conformance with the plans, specifications, and breakdown and binder receipt signed by contractor and owner, and will do so in a workmanlike manner. Contractor is not responsible for furnishing any improvements other than the structure, such as landscaping, grading, walkways, painting, sewer or water systems, steps, driveways, patios and aprons, etc., unless they are specifically stated in the breakdown.
Section Three
Payment
Owner shall pay contractor the sum of ___(10)___ Dollars ($__________) in installments as set forth in the escrow instructions or the primary lender's schedule (whichever is applicable) signed by owner. In the event any installment is not paid when due, contractor may stop work until payment is made and for five (5) days thereafter. In the event any installment is not paid within ten (10) days after it is due, contractor may take such action as may be necessary, including legal proceedings, to enforce its rights hereunder.
Section Four
Preparation
Prior to the start of construction, owner shall provide a clear, accessible building site, properly excavated and correctly zoned for the structure, and shall identify the boundaries of owner's property by stakes at all corners. Owner shall maintain such stakes in proper position throughout construction. In the event contractor cannot obtain a building permit within thirty (30) days of the date of this agreement, contractor may declare the agreement of no further force or effect.
Section Five
Utilities
Prior to the start of construction, and at all times during construction, owner shall provide and maintain, at owner's sole expense, an all-weather roadway to the building site, and water and electrical service, including 220 amp outlet. Owner shall, at owner's expense, connect permanent electrical service, gas service or oil service, whichever is applicable, and tanks and lines to the structure upon acceptable cover inspection and prior to wall covering. Owner shall, at owner's expense, connect sewage disposal and water lines to the structure within fifteen (15) days after the rough plumbing is complete.
Section Six
Responsibility
Contractor shall not be responsible for claims arising out of improper placement or positioning of boundary stakes or house stakes; nor shall contractor be responsible for damages to persons or property occasioned by owner or his agents, third parties, acts of God or other causes beyond contractor's control. Owner shall hold contractor completely harmless from, and shall indemnify contractor for, all costs, damages, losses, and expenses, including judgments and attorneys fees, resulting from claims arising from causes enumerated in this paragraph.
Section Seven
Possession
Owner shall not have possession of the structure until such time as all payments or other obligations required to them as set forth in this agreement have been fully paid or performed by them. If possession of structure is taken by owner before the above obligations are met, without the written consent of contractor, it shall be considered as acceptance of the structure, by the owner, as complete and satisfactory.
Section Eight
General Provisions
Owner agrees to promptly complete the necessary requirements to obtain financing and to prepare the site for construction. There are no understandings or agreements between contractor and owner other than those set forth in this agreement and in the documents referred to in Sections Two and Three. No other statement, representation or promise has been made to induce either party to enter into this agreement. This agreement and the documents referred to in Sections Two and Three may not be modified or amended except by written agreement of the parties. In witness whereof, the parties have executed this agreement the day and year first written above.
Witnesses Owner
_________(11)____ _______(12)_________
Witnesses Contractor
_______(11)________ ________(13)______
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