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Title: |
Consulting Agreement |
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Date: |
2003 |
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Price: |
$39 |
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ID: |
#369312 |
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CONSULTING AGREEMENT
This AGREEMENT dated as of July 1, 2002 by and between Gail R. Wilsensky, an individual ("Consultant") and Gentiva Health Services (U.S.A.), Inc. a Delaware Corporation ("Gentiva"), with its principal place of business in Melville, New York.
WHEREAS, Gentiva desires to retain Consultant to provide such services as requested by Gentiva, and Consultant desires to render such services to Gentiva on the terms of this Agreement;
NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements herein contained, the parties hereby agree as follows:
1. Consulting Services; Term
1.1 Services. Gentiva hereby retains Consultant to provide the services set forth in the attached Exhibit A ("Services") and Consultant agrees to provide such Services to Gentiva and its subsidiaries. Such Services are upon request by Gentiva, and nothing requires Gentiva to use Consultant for all Services provided herein. Consultant agrees to be generally available to Gentiva during the term of this Agreement and to respond to Gentiva within one business day of receiving any calls to her placed by Gentiva.
1.2 Term. The term of this Agreement shall be for one (1) year commencing on June 1, 2002 (the "Effective Date") and expiring on May 31, 2003. This Agreement may be extended only in writing upon mutual agreement of the parties.
1.3 Professional Standards. Consultant shall perform the Services diligently and professionally and at high level of competency maintained by other professional consultants in the same type of work.
1.4 Contractual Relationship. Consultant is an independent contractor and is not an employee of Gentiva for any purpose, and shall not be entitled to participate in any employee benefit program or receive any other "fringe benefit" available to such employees, except such benefits provided to Consultant under any separate agreement between Consultant and Gentiva. Consultant is not authorized to represent herself to be an agent of Gentiva, nor is she authorized to enter into contracts on behalf of Gentiva or otherwise commit Gentiva to any legally binding liabilities or obligations.
2. Fee and Expenses; Invoices; Payments
2.1 Fee. For the Services described herein, Gentiva agrees to pay Consultant a monthly retainer of $2,000.00.
2.2 Expenses. Gentiva shall reimburse Consultant her reasonable travel costs and other reasonable out-of-pocket expenses incurred in connection with the performance of Consultant's Services hereunder. Travel costs shall be incurred in compliance with Gentiva's travel policies (for example, all air travel shall be by coach or economy class), and unless approved
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