EMPLOYEE LEASE AGREEMENT THIS AGREEMENT between _________________ [Lessor] (hereinafter “Lessor”), a ________________ [State] corporation located at ___________________, and_______________ (hereinafter “Lessee”), a ________________ [State] corporation located at ________________________________. 1. Services. Lessor shall supply Lessee with personnel, utilizing the specific employees named in Appendix A, which is annexed hereto and made a part hereof. 2. Term. This agreement shall be effective until terminated by either party, thirty (30) days after giving written notice of termination to the other party. 3. Payment of weekly fees: (A) Lessee shall pay Lessor each week the amount set forth in Appendix A for each employee of Lessor. Lessee may issue a single weekly check covering all leased employees. (B) Lessor must receive payment in full at its office, for all Lessor employees provided hereunder, no later than five (5) days before the date on which weekly payroll checks are distributed to employees. Time is of the essence in making such payments to Lessor. (C) The weekly salary to be paid to each Lessor employee is set forth in Appendix B annexed hereto and made a part hereof. Fringe benefits to be provided by Lessor to said employees are set forth in Appendix C annexed hereto and made a part hereof. (D) If Lessee terminates this Agreement within ________ (_____) days after its effective date, Lessee shall pay to Lessor, in addition to all other sums accruing under this Agreement, a fee of $_________ for each employee who has rendered services for Lessee. (E) A one-time fee of $_______ shall be charged to Lessee for each new Lessor employee who renders services for Lessee. Such fee shall be imposed regardless of whether the performance of services by such new employee gives rise to an increase in the total number of Lessor employees performing services for Lessee, or whether the new employee is simply a replacement for an employee whose employment relationship with Lessor has been severed, either voluntarily or involuntarily. 4. Place of performance. All work and services shall be performed by Lessor employees at Lessee’s premises. Such premises shall be maintained at Lessee’s sole cost and expense. Lessee shall comply with all federal, state and local laws and regulations regarding the proper use and safety of such premises.
5. Obligations: (A) The parties understand that Lessor is an independent contractor, and that all of the personnel assigned by Lessor to Lessee’s business in order to fill the relevant job positions are employees of Lessor and only of Lessor. Lessor acknowledges that it is responsible for all matters related to the payment of federal, state and local payroll taxes, workers’ compensation insurance, salaries and fringe benefits for its employees. Lessor shall indemnify and hold Lessee harmless for any penalty, claim, liability, deficiency or damages arising as a result of Lessor’s failure to fulfill its duties as set forth in the preceding sentence. Lessee expressly acknowledges