{"id":38678,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/consulting-agreement-general-dynamics-corp-and-james-turner.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"consulting-agreement-general-dynamics-corp-and-james-turner","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/compensation\/consulting-agreement-general-dynamics-corp-and-james-turner.html","title":{"rendered":"Consulting Agreement &#8211; General Dynamics Corp. and James Turner Jr."},"content":{"rendered":"<pre>\nGENERAL DYNAMICS\n\nJanuary 12, 2000\n\nMr. James E. Turner, Jr.\n9119 River Crescent\nSuffolk, VA. 23433\n\nDear Mr. Turner:\n\nThis letter will confirm the consulting agreement between General Dynamics\nCorporation and Mr. James Turner, Jr. as follows:\n\n1.        SERVICES TO BE RENDERED\n\nWe retain you to render, and you agree to render to us upon request, your\nservices as an independent contractor providing technical guidance, advice,\nconsultation and assistance in the following areas:\n\n-     Consulting services regarding the Marine Group;\n-     Participation in succession planning; and\n-     Providing government\/customer interface as required.\n\nSuch services will be requested from time to time by Nick Chabraja, Chairman and\nCEO, John Welch, Senior Vice President, or W. Pete Wylie, Vice President, or\ntheir designee.\n\n2.        PLACE OF WORK\n\nYou shall render services hereunder at such times and at such place or places as\nare mutually agreeable. You shall provide all needed supplies and equipment.\n\n3.        TERM OF AGREEMENT\n\nThis agreement shall be effective as of March 13, 2000 and shall terminate on\nMarch 12, 2001, provided that either party may terminate this agreement, in\nwhole or in part, at an earlier date by giving the other party at least 30 days\nprior written notice thereof. Your obligations pursuant to paragraph 6 shall\nsurvive any termination of this agreement.\n\n\n\n\n\n3190 Fairview Park Drive\nFalls Church, VA 22042-4523\nTel 703 876 3000\nFax 703 876 3125         General Dynamics Private Information\n\n\n   2\n\n\n\n\nJanuary 12, 2000\nPage 2\n\n\n4.        FEE AND EXPENSES\n\nIn accordance with the agreement, we shall pay you a compensation of $3,250 per\nday for the services you render hereunder, with a guarantee of $100,000 for the\nterm of this agreement.\n\nWe shall also reimburse you for all reasonable travel expenses actually and\nnecessarily incurred by you on our behalf in the rendering of services\nhereunder. First class travel is authorized. In addition, you will be reimbursed\nfor out-of-pocket expenses only as they are directly and necessarily incurred on\nbehalf of General Dynamics. All expenses will be approved by Nick Chabraja, John\nWelch, W. Pete Wylie (as appropriate) or their designee..\n\nYou shall submit to us at the end of each month in which you render services\nhereunder an invoice showing dates of service, the nature and scope of services\nprovided, and a breakdown of expenses for travel, transportation and\nout-of-pocket expenses. Expense receipts of over $75 are required to be\nsubmitted with the invoice. All payments of fees and expenses hereunder shall be\nmade only on the written approval of Nick Chabraja, John Welch, W. Pete Wylie\n(as appropriate) or their designee.\n\n5.        SERVICES FOR OTHERS\n\nDuring the term of this agreement or any extension thereof, you may render\nservices to others as an employee or a consultant, provided that without the\nexpress, written permission of General Dynamics you may not serve any business\nor organization or engage in any business on your own behalf which sponsors,\nproduces or sells goods or services which compete or conflict with ours. You\nagree to provide General Dynamics with a full and complete list of your current\nclients and the names of your principal contacts with your clients and to notify\nGeneral Dynamics, in writing, whenever you add new clients, delete clients, or\nchange principal contact with your clients. General Dynamics may terminate this\nagreement immediately in the event of any breach by you of this covenant.\n\n6.        CONFIDENTIAL NATURE OF WORK\n\nYou will not, during or after the term of this agreement, divulge, without\nGeneral Dynamics approval, any information or knowledge relating (i) to any\nproject on which we shall have worked or shall be working, or (ii) to our\nbusiness or to that of our subsidiaries or suppliers, which you shall have\nobtained during the term of this agreement and which shall not be generally\nknown or recognized.\n\n\n   3\n\n\n\n\nJanuary 12, 2000\nPage 3\n\n\n7.        ACTIVITY REPORTS\n\nOn a monthly basis, if any activity was expended, you shall submit written\nreports to either Nick Chabraja, John Welch, or W. Pete Wylie (as appropriate),\nmaking full disclosure of all services performed pursuant to this agreement and\nthe results thereof. This shall normally include a written statement of the\nnature and scope of the service and an invoice for services rendered. You shall\nfrom time to time at our request and, in any event, upon termination of this\nagreement, deliver to us all working papers, plant or engineering data, and\nother documents and materials that have been prepared or developed by you or\nmade available to you in connection with your performance of services under this\nagreement.\n\n8.        NATURE OF RELATIONSHIP\n\nIt is understood that in performing any services pursuant to this agreement, you\nare acting as an independent contractor and not as an employee, agent or\nrepresentative of ours. You will be responsible for reporting and paying any\nfederal and state taxes owing on the consulting income received.\n\nIn the performance of your responsibilities as a consultant under this contract,\nwe expect you to exercise reasonable care. We agree, however, that you will not\nbe responsible to us for the heightened care expected of a professional which\nmight otherwise be covered by professional liability insurance.\n\nYou shall not act as our agent or enter into any agreements or incur any\nobligations on our behalf, or commit us in any other manner, without our prior\nwritten consent.\n\nYou shall indemnify and hold us harmless from any liability, loss or damage\nwhatsoever for injuries (including death) to you or any of your assistants,\nrepresentatives and employees rising out of performance under this agreement or\notherwise.\n\nYou have been provided a copy of the General Dynamics Standards of Business\nEthics and Conduct. You have also been provided with copies of the General\nDynamics policies and procedures relating to accounting and expense reporting\nand travel. You agree to conduct your performance under this consultant\nagreement in accordance with these Standards and policies. In accordance with\nDoD policy, you understand that you will be subject to random testing for\nsubstance abuse at any time while on General Dynamics premises.\n\nYou understand that Federal law places restrictions on obtaining and handling\ncompetition sensitive, proprietary and source selection information and you\nagree to comply with it.\n\nPrior to accepting this engagement, you have disclosed any potential\norganizational conflict of interest and have determined that your performance\nunder this agreement would not provide the Company with an unfair competitive\nadvantage. Further, should you discover subsequent to the execution of this\nagreement that a conflict of interest or unfair competition advantage situation\nexists, you agree to promptly disclose to the Company the facts relating to the\nsituation.\n\n\n   4\n\n\n\n\nJanuary 12, 2000\nPage 4\n\nThe Federal Government has placed restrictions on the allowability of costs\nincurred in certain lobbying and consulting activities. These restrictions apply\nto you and are found in the \"Byrd Amendment\" (31 U.S.C. 1352) and place\nrestrictions on the allowability of certain costs incurred while lobbying\nCongress or contacting executive agencies in connection with Federal contracts.\n\nThis consultant agreement may be terminated by General Dynamics in the event of\nany breach by you of Federal law or the General Dynamics policies covered in\nthis paragraph.\n\n9.        SECURITY\n\nYou shall abide by all applicable security laws and regulations of the United\nStates of America and our organization and shall take or refrain from taking any\naction which may be required for compliance therewith.\n\nIt is understood that a security clearance up to the level of Secret may be\nrequired to perform services requested under this agreement. You will be\ncontacted by our Security Department concerning the execution of a \"Consultant\nSecurity Certification\" and further guided in submitting appropriate government\nclearance forms to the Defense Investigative Service Clearance Office.\n\n10.       SUCCESSORS\n\nThis agreement shall inure to the benefit of and be binding upon (a) our\nsuccessors and assigns and (b) your heirs, executors and administrators.\n\n\n   5\n\n\nJanuary 12, 2000\nPage 5\n\n11.       ENTIRE AGREEMENT\n\nThis instrument contains the entire agreement between the parties with respect\nto the consulting services to be rendered by you to us, and supersedes all prior\nagreements, arrangements, and or understandings between the parties regarding\nthe subject matter hereof.\n\nIf the foregoing clearly sets forth our understanding, will you please sign and\nreturn to us the enclosed duplicate copy of this letter, which shall thereupon\nconstitute an agreement between us.\n\n                                     Very truly yours,\n\n                                     GENERAL DYNAMICS CORPORATION\n\n                                     \\s\\ W. P. Wylie\n                                     W. P.  Wylie\n                                     Vice President, Human Resources &amp; Administration\n\n\n\n                                     \\s\\ D. A. Savner\n                                     D. A. Savner\n                                     Sr. Vice President and General Counsel\n\nCONSULTANT APPROVAL:\n\n\nConfirmed and accepted as of January 14, 2000 by:\n\n\n        \/s\/ James E. Turner, Jr.                            -  -    \n---------------------------------------------------------------------------\nJames E. Turner, Jr.                          Social Security Number or\n                                              Employer Identification Number\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[7614],"corporate_contracts_industries":[9475],"corporate_contracts_types":[9539,9541],"class_list":["post-38678","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-general-dynamics-corp","corporate_contracts_industries-aerospace__ships","corporate_contracts_types-compensation","corporate_contracts_types-compensation__consulting"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/38678","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=38678"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=38678"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=38678"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=38678"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}