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—————— FAKE DOCUMENT —————————–

AGREEMENT for CONTRACT for SERVICES

FOR CARRYING OUT EXPATRIATE TECHNICAL SUPPORT SERVICES
PROVISION BETWEEN TOTAL PETROLEUM NIGERIA PLC AND ITS CONTRACTOR.

THIS AGREEMENT is made this 7TH day of February, 2008

BETWEEN
TOTAL PETROLEUM NIGERIA PLC.

AND

(”The Contractor”)

1. BACKGROUND

This is an agreement between Total and its Prospective Employee (Contractor) and therefore transcends and supersedes any written document whatsoever that is in relation or contradiction with this Terms of Agreement.

2. NOW THEREFORE IT IS AGREED AS FOLLOWS:

The Contractor shall provide the following services to the TOTAL PETROLEUM NIGERIA PLC. at the PLACE/DEPARTMENT for the period commencing DATE and ending DATE:

(a) Interpreting , Investigating / Observing / Searching , Problem Solving / designing , Reviewing / Evaluating , Influencing / Advising , Informing / Discussing / Interviewing

In providing these services, the Contractor shall liase, maintain good relations with the staff of the TOTAL PETROLEUM NIGERIA PLC.and consult with the staff on matters relevant to their responsibilities.

The COMPANY shall pay by the end of the month on satisfactory performance of the services of appropriate monthly the sum of USD 26,920.00 to the Contractor. The total sum for this contract is $323,040. Euros equivalent depending on employee’s home country(excluding allowances).

The employee will be reimbursed by the employer for reasonable moving expense incurred only as a result of relocation, procurement of travel documents (flight tickets), immunizations etc

Reimbursements of all expenses shall be made before employee embarks on his journey.

The COMPANY shall provide the necessary equipment, supplies, free medical care, insurance Policy, and access to the company, efficient security system, transportation, email system for the Contractor’s use while undertaking the services described in Clause 2.

The COMPANY is under obligation to renew the Agreement or offer a new Agreement to the Contractor upon expiry of this Agreement. The Contractor shall make himself/herself available for consultation by the COMPANY at reasonable times.

The Contractor shall prepare monthly reports of his/her activities if required by the COMPANY.

Employer for each intercontinental trip shall pay $4,000.00 flat rate travel/entertainment allowance to employee. Travel shall be by business class/first class. However for the purpose of commencement, the cost of travel ticket shall be paid in addition to travel/entertainment allowance.

Employer shall also take care of employees’ travel ticket including that of employees’ family only on employees’ early notification to employer and as shall be requested by employee.

Adequate private office space in a conducive and comfortable work environment shall be provided for employee

Employee will obtain visa documents from Nigerian Immigration service on their expenses to show their readiness,preparedness,and willingness and later be reimbursed before embarking on Nigeria.

2.13 No modification or variation of this Agreement or any of its terms and conditions shall be made unless.

2.14 Neither party shall be Agreed to in writing in advance by both the Contractor and COMPANY liable to the other for any failure to perform this Agreement due to frustration of it by any cause beyond either party’s control including any act of Government such as a change in legislation, regulation, or order under any legislative authority.
2.14 The Contractor shall provide the services described in Clause 2.1 to the standard, which the COMPANY expects.

2.15 Except where the contractor already holds professional indemnity insurance, the company will arrange such cover for the contractor in respect of the contractor’s performance hereunder. The contractor shall give the company immediate notice in writing to HR Strategy Manager, Human Resources Division,
P O Box 456, Lagos of:
(a) Any claim made against the contractor;
(b) The receipt of notice from any person of any intention to hold the contractor responsible for the results of an alleged negligent act, error or omission
(c) Any circumstance of which the contractor shall become aware which may give rise to a claim or claims under the insurance policy.
The contractor shall be solely liable for any consequences of the contractor’s failure to give notice as required by this clause. The obligation to notify applies regardless of the apparent extent of any potential liability.
(d) (Delete what does not apply)
(2) The contractor does hold professional indemnity insurance, OR
(ii) The contractor does not hold professional indemnity insurance.

2.16 The Contractor shall keep a record of his/her hours of work and the company is entitled to access that record promptly on request.

2.17 The Contractor shall be obliged to act professionally, honestly, diligently and with due care in performing the services under this Agreement.

2.18 T he Contractor shall comply with all statutory obligations including the Privacy Act, the Health Information Privacy Code and the Health and Safety in Employment Act.

2.19 The Contractor shall perform the services personally and may not delegate or assign either this Agreement or the performance of the services without the express prior approval of the company in writing.

2.20 The Contractor shall comply with the company policies, which may be from time to time in force.

2.21 The Contractor shall not accept any remuneration from any other source for services of the same nature as those provided under this Agreement without the express prior approval of the company.

3. CONFIDENTIALITY

3.1 The Contractor acknowledges that in the course of providing the services to the COMPANY he/she will acquire confidential information, including any information relating to:
(I) Personal information of any of the employees, and
(ii) The business practices, techniques or methods of operation of the COMPANY.

3.2 The Contractor shall not during the term of this Agreement or at any time thereafter divulge to any person any such confidential information except in the proper course of his/her duties or use or attempt to use any such confidential information in any manner which may injure or cause loss either directly or indirectly to the COMPANY or its business or may be likely to do so.

3.3 On the expiry or earlier termination of this agreement the Contractor shall return to the COMPANY forthwith any books, records, papers, or other property in his/her possession belonging to the COMPANY.

4. Confirmed Employees

4.1 Confirmed employees are those employee’s that have obtained from the Economic Community of West African Countries (ECOWAS), the regional body, of their residential permit/ identification card via the Nigerian Immigration Services as herein and previously stated.

5. PUBLICITY

5.1 The Contractor shall not make (and shall procure that his/her/its employees, contractors and agents do not make) any press or other public announcement concerning any aspect of this agreement, or make any use of the name of the COMPANY or any of its employees, contractors or agents in any publication or otherwise in connection with this agreement, without the prior written consent of the COMPANY.

6. TERMINATION OF AGREEMENT

6.1 The COMPANY may terminate this agreement by giving one month’s written notice in any of the following circumstances:

(i) The Contractor dies or becomes unable to perform their duties due to illness of incapacity;

(ii) The Contractor is convicted of an offence, which affects the performance of his/her duties;

(iii) The Contractor acts in a way which the COMPANY considers materially prejudicial to its business or reputation or interests of its members;

(iv) The Contractor fails to perform the services expeditiously, with reasonable diligence and in a competent manner;

(v) The Contractor commits or permits any breach of the terms of this agreement and fails to remedy the breach within 14 days of receiving notice in writing from the COMPANY requiring the breach to be remedied;

(vi) The Contractor commits any breach of Clause 3.2 whether such breach is committed intentionally or not;

(vii) The Contractor commits an act of bankruptcy or makes or enters into any arrangement.
6.2 The Contractor may terminate this agreement by giving one month’s written notice to the COMPANY.

6.3 Where this agreement is terminated by notice by the Contractor or the COMPANY, the COMPANY shall have the option of electing that the Contractor ceases providing the services immediately or at any time during the notice period without affecting the COMPANY obligation to continue paying the Contractor’s remuneration until expiry of the notice period.

7. THE AGREEMENT

7.1 This agreement supersedes and replaces all previous contracts, written and verbal, between the parties and constitutes the entire agreement between the parties.

7.2 Neither party may assign their obligations and rights under this agreement to any other person in any circumstances whatsoever except with the prior written consent of the other party.

7.3 No waiver of any breach of this agreement shall be deemed to be a waiver of any other or subsequent breach. The failure of either party to enforce any provision of this agreement at any time shall not be interpreted as a waiver of the provision.

7.4 This Agreement shall be construed in accordance with the laws of The FEDERAL REPUBLIC OF NIGERIA. A single arbitrator agreed upon by the parties shall decide any dispute between the parties arising out of this agreement.

Signed by the Contractor, : Date:…../…../…….

Signed for and on behalf of

TOTAL PETROLEUM NIGERIA PLC.

By the HR Divisional Manager:
Mr. James Gregor
E-mail: hr@total-nig.org
In the presence of:
LEGAL ADVISER

Bar. Smith Bidet
hr@total-nig.org

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