- 6 - agreement was drafted by Mr. Rahill's attorney, Mr. Dennis Roberts. The agreement provides as follows: 2. Transfer of Accounts. As of the effective date of the Agreement, Welch agrees to assume the accounting practice of Rahill. The parties agree that this practice is represented by the clients contained in the list attached hereto as "Schedule A". Welch agrees to pay Rahill one hundred percent (100%) of the average annual gross revenues earned from the clients set out in Schedule A. The average annual gross revenues being determined by actual revenues for a forty- eight (48) month period, beginning with the effective date of the agreement. The amount paid under this Agreement will be in consideration for Rahill's cooperation and "Covenant Not to Compete". Future payments will be 25% of the monthly receipts, payable on the tenth of each month for a period of four years. The final payment will be due on the tenth day of the forty-ninth month following the effective date of the agreement. This final payment will equal one hundred percent (100%) of gross revenues earned, whether billed and collected or not, less the sum of all payments previously made, during the forty-eight (48) month period of this Agreement. For the purposes of payments required by this Paragraph, the term "Clients" shall also include any new business entities or enterprises entered into by present clients listed on Schedule A, but only if such new business or enterprise is owned by fifty-one percent (51%) or more, or is controlled by the present clients or client’s spouse or children. Also, if any client listed on Schedule A ceases to be a client during the term of this agreement, and later becomes a client again, such client's billing shall be included for purposes of computing the payments due under this Paragraph. Rahill shall transfer all his client files, work papers, and other like items necessary for an accounting firm to handle its clients, to Welch. Such assignment shall not include any accounts receivable billed or unbilled, and also not included in the assignment are any liabilities existing or contingent of Rahill.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011