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N-2018-044
<br />CA Standard Service Agreement (LEGAL 107 CA)
<br />• Invoicing: All Invoices are due net upon receipt, any invoice paid later than 30 days will be subject to a 1 ^/ %
<br />monthly charge. Consistently paying beyond 30 days may necessitate an increase in bill rate. In the event that
<br />Customer files bankruptcy, both Staffmark and Customer agree that any unpaid compensation earned within 90 drays
<br />of the bankruptcy filing date shall be treated as, and given the priority of, wages, salaries and commissions under 11
<br />USC, Section 507(3). Customer also agrees to pay all costs that Staffmark Incurs to collect any unpaid amounts
<br />overdue, including, without limitation, reasonable attorney fees. Late payment is considered a material breach of this
<br />Agreement and allows Staffmark to immediately terminate this Agreement and all work assignments, if not cured
<br />within 48 hours.
<br />• Overtime: Legally required overtime will be paid atone and one-half times the base pay rate.
<br />• Hiring of Staffmark Employees: Customer may hire any Staffmark employee after said employee has worked 520
<br />hours on assignment for Customer and Customer pays a $0.00 per employee administrative fee. Customer
<br />acknowledges the importance of Staffmark's employees to the operation of Staffmark and agrees (subject to any
<br />agreed upon buy-out of employees by Customer above) that if will not utilize or employ any Staffmark employee or
<br />hire any Staffmark employee through any other supplier, service, or leasing company, for a period of twenty-six weeks
<br />after the date of the employee's last time sheet from assignment at Customer through Staffmark, without consant In
<br />writing from Staffmark. Customer agrees that If Customer desires to utilize or employ any Staffmark employee, or hire
<br />any Staffmark employee through any other supplier, cervica, or leasing company, on a permanent or temporary basis,
<br />the employee will remain on Staffmark's payroll for a minimum of an additional twenty-six weeks from the date of the
<br />notification in writing or, in the alternative, the Customer will pay Staffmark the sum of three thousand dollars to
<br />compensate Staffmark for the loss of each employee. (Technical and professional temporary employees, however,
<br />have a higher buyout, based upon salary level and specific job assignment.)
<br />• Survival and Pleadings: Any section that by its nature should survive termination of this Agreement, shall survive
<br />termination of this Agreement. Headings of sections are for reference only and shall not be considered In the
<br />Interpretation of this Agreement,
<br />• Saverabil'rty: A ruling by any court that one or more of the provisions contained in this Agreement is invalid, Illegal or
<br />unenforceable in any respect shall not affect any other provision of this Agreement so long as the economic or legal
<br />substance of the transactions contemplated hereby Is not materially affected. Thereafter, this Agreement shall be
<br />construed as If the invalid, illegal, or unenforceable provision had been amended as originally contemplated by this
<br />Agreement to the greatest extent possible.
<br />• Tenor: Thrs Agreement shall be ongoing (unless cancelled by either of the parties hereto upon thirty (30) days, written
<br />notice to the other during the time of the Agreement). All prices are firm (subject to consistent pay history) unless
<br />changes occur in state, federal, local laws, regulations, rules, taxes, sick leave mandates, health mandates,
<br />unemployment, or workers' compensation, which would affect Staffmark's cost of doing business. Pricing is based
<br />upon the following, payment options: ACH, electronic funds transfer, and/or payment by check (If payment method
<br />changes, such as with the use of a Vendor Marragament System or other payment options, Customer agrees to cover
<br />any increased cost to Staffmark).
<br />• Miscellaneous Provisions; All travel must be pre -approved by Staffmark. This Agreement contains the entire
<br />agreement of the parties. The terms of this Agreement shall not be construed against any Party as the drafting party.
<br />This Agreement shall by governed by the laws of the state whore the services are provided, Any sections that by their
<br />nature should survive this Agreement, shall survive this Agreement. Customer gives Staffmark permission to contest
<br />Customer (including promotional emails).
<br />Agreed to by:
<br />L �"�• - mac_.+ ♦
<br />rffmark Representafo-ve Signature
<br />Print Name
<br />Title
<br />1 r
<br />Signed in Counterpart
<br />Customer Company Representative Signature
<br />.._._....__ ,...,._ _
<br />Print Name
<br />Title
<br />Date
<br />Issues BJ Issue Date Revlserr [crate Form # Page 2 of 3
<br />LsgaP 020MU77 08/06/2017 t,e981107 CA
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