Preview | Leased Employee Agreement |

THIS LEASED EMPLOYEE AGREEMENT (the Agreement) is made and entered into as of May 15, 2006 (Effective Date) by and between United Bio Energy Fuels, LLC (hereinafter UBE Fuels), a Kansas limited liability company with offices at 5500 Cenex Drive, Inver Grove Heights, MN 55077, and United Bio Energy, LLC (hereinafter UBE).

(a) Covered Positions. The individual(s) possessing the skills to perform the services covered under this Agreement may be modified during the term of this Agreement to reflect newly assigned or terminated positions by agreement of the parties (the Covered Positions).

(b) UBE As The Employer. All employees assigned to perform the Covered Positions are and shall remain the common law employees of UBE (all such employees referred to herein as Covered Employees). UBE has the sole responsibility for all administrative and personnel matters for Covered Employees including but not limited to compliance with all laws and regulations affecting employees, the payment of wages and all federal, vacation and paid time off, state and local payroll taxes, FICA, unemployment insurance contributions, providing workers compensation coverage, complying with the Immigration Reform and Control Act, providing non-obligatory fringe benefit programs for Covered Employees, and complying with COBRA or state continuation coverage rights for qualified Covered Employees and dependents.

(i) During the term of this Agreement, UBE shall retain and exercise general supervisory responsibilities with respect to the Covered Employees, and shall have the right and authority to implement UBE policies and procedures relating to Covered Employees. UBE Fuels agrees to cooperate and assist UBE in the implementation and supervision of all such policies

and procedures. All UBE Fuels personnel policies and directives concerning Covered Employees shall be made with the approval of UBE.

(ii) UBE shall have the ultimate authority and control over hiring, evaluating, supervising, disciplining and termination of all Covered Employees. UBE Fuels agrees not to hire or terminate any Covered Employee without the prior approval of UBE, it being understood that UBE retains full control over all personnel decisions involving Covered Employees UBE Fuels shall not be responsible for any financial obligation of UBE to a Covered Employee accruing after such discontinuation becomes effective by reason of the service performed pursuant to this Agreement, except as otherwise provided on Exhibit A. Any Covered Employee that ceases to provide the services covered by this Agreement shall no longer be a Covered Employee.

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