THIS CONSULTING AGREEMENT (Agreement) is made and entered into by and between Advanced BioEnergy LLC, a Delaware limited liability company (Company) and Mr. Richard Peterson (you) and will be effective as set forth below.
WHEREAS, you were an officer of the Company, and you possesses certain unique and knowledge of the Companys business and contract, and
WHEREAS, you have been released from your employment obligations with the Company under a Separation Agreement dated March 12, 2020, and a General Release of Claims dated March 12, 2020 and are signing this Agreement in consideration of the Company agreeing to pay you for services to be provided pursuant to his Agreement; and
WHEREAS, the Company desires to retain you in the capacity and on the terms and conditions hereinafter set forth, and you have agreed to accept these terms and conditions.
NOW, THEREFORE, in consideration of the premises and the mutual promises hereinafter contained, the parties hereto agree as follows:
Scope of Work as Consultant
You agree to provide to the Company consulting services as are reasonably requested of or assigned to you by or under the authority of the Board of Directors of the Company through the Chairman of the Board of the Company with respect to (i) the liquidation of and winding up of the Company, including any matters related to the Asset Sale to Glacial Lakes Energy and the funds in escrow pursuant to the Asset Purchase Agreement, including any real estate, environmental, contract or other matters, or any other government inquiry; and (ii) any filings or other disclosures required to be made with the United States Securities and Exchange Commission.
While you are performing these consulting services, you are an independent contractor and are not an employee, partner, or co-venturer of, or in any other service relationship with the Company. The manner in which you render these consulting services will be within your sole control and discretion. Without limiting the foregoing, you are not authorized to assume or create any obligation or responsibility, express or implied, on behalf of, or in the name of, the Company or to bind the Company in any manner without the prior express written authorization from the Company.
Your consulting services will commence on March 14, 2020 and continue until July 31, 2021, or a later date to be agreed to by the parties, or earlier as provided for in Section 5 of this Agreement (the Term).