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5. EXPENSES. Consultant shall be reimbursed by Company for all reasonable
business expenses that are incurred by Consultant during the performance of
his services hereunder. Company's obligation to reimburse Consultant
pursuant to this subparagraph shall be subject to the presentation to
Company by Consultant of an itemized account of such expenditures, together
with supporting vouchers, in accordance with Company's policies as in effect
from time to time.
6. INDEPENDENT CONTRACTOR. It is expressly agreed that Consultant is acting as
an independent contractor in performing his services hereunder, and not as
an employee or agent of Company.
7. DISCLOSURE OF INFORMATION. Consultant shall not disclose nor appropriate for
his own use, or for the use of any third party, at any time during or
subsequent to the term of this Agreement, any secret or confidential
information of Company or any of Company's affiliates or subsidiaries of
which Consultant has been or hereafter becomes informed, whether or not
developed by Consultant, including, but not limited to, information
pertaining to customer lists, services, methods, processes, prices, profits,
contract terms or operating procedures, except as required in connection
with Consultant's performance of this Agreement, or as required by a
governmental authority.
8. ASSIGNMENT. This Agreement is a personal one, being entered into in reliance
upon and in consideration of the singular personal skills and qualifications
of Consultant. Consultant shall therefore not voluntarily or by operation of
law assign or otherwise transfer the obligations incurred on his part
without the prior written consent of Company.
9. MODIFICATION OF AGREEMENT. This Agreement may be modified by the parties
hereto only by a written supplemental agreement executed by both parties.
10. Notice. Any notice required or permitted to be given hereunder shall be
sufficient if in writing, and if sent by registered or certified mail,
postage prepaid, addressed as follows:
If to Company:
Zapata Corporation
One Riverway, Suite 2200
Houston, Texas 77056
Attention: Chairman and Chief Executive Officer
If to Consultant:
Mr. Thomas H. Bowersox
7510 Pine Wind Ct.
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