- 15 - Lessor shall indemnify Lessee against all liabil- ity and loss in connection with and shall assume full responsibility for payment of all federal, state and local employee taxes or contributions imposed or re- quired under unemployment insurance, social security and income tax laws with respect to Lessor’s employees engaged in the performance of the Agreement. * * * * * * * EXHIBIT A COMPENSATION SCHEDULE Lessee shall compensate Lessor via certified bank funds for the services provided by Lessor’s drivers by the following methods. (By cents per mile, an hourly wage, a percentage of Lessees gross revenue produced by Lessor’s employees or by any other method agreed to or described below.) Any of the below which are directly attributable to services performed for the Lessee by the Lessor’s employee. (See addendum A). The above compensation multiplied by (See addendum B), surcharge or charge currently or retroactively charged the Lessor and other charges attributable to services performed. The rate is subject to change based upon federal and state tax changes and unemployment and workers compensation rates throughout the year, PLUS Lessor’s portion of health insurance costs for Lessor’s employees assigned to Lessee (used or not), and charges to Lessee by Lessor for Lessee’s operation expense (such as fuel, tire repair, other expenses for Lessee, and charges for truck expense advances) multiplied at the rate of ONE HUNDRED (100%) percent.[10] [Reproduced 10None of the exclusive lease agreements into which TLC and a trucking company client entered prior to calendar year 1993 contained addendum A and addendum B. Instead, such exclusive lease agreements contained Exhibit A, which set forth the same type of information as that set forth in Addendum A and Addendum B that were included as part of each exclusive lease agreement into which TLC and a trucking company client entered during the taxable years at issue. Addendum A listed the type of trucking company (i.e., over-the-road or local) and the method used to compute the gross amount that TLC was to pay each driver-employee whom it leased to a trucking company client. Addendum B listed (continued...)Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011