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3. Term ojthe Agreement. The term of this Agreement (the "Term") shall begin on <br />March 3, 1993, and, except as otherwise provided herein, shall terminate one on the first <br />annual anniversary of the commencement date. <br />4. Compensation for Services Rendered. As compensation for the provision of the <br />Services, the Company shall pay to DBSI the sum of Thirty-Five Thousand Dollars <br />($35,000) upon execution of this Agreement and Thirteen Thousand Three Hundred Thirty- <br />Nine and 42/100 Dollars ($13,339.42) each calendar month during the term hereof. Such <br />amount shall be due and payable in advance on the first day of each calendaz month. The <br />parties acknowledge and agree that they shall re-examine such amount at the end of every <br />three months of this Agreement. If the parties are unable at such time to agree within 15 <br />days upon the amount of compensation to be paid thereafter, this Agreement shall terminate. <br />S. Relationship of the Parties. The parties acknowledge that their relationship shall <br />be that of independent contractors with respect to the Services. The parties acknowledge that <br />this Agreement is not intended to, and shalt not be construed or interpreted as, creating an <br />employer-employee relationship between the Company and DBSI, or between the Company <br />and any employee of DBSI. Each party agrees that it shall have no authority to bind the <br />other party or to make any representations on behalf of the other party, except as expressly <br />provided herein. <br />6. Miscellaneous. <br />6.1 Governing Law. This Agreement shall be construed in accordance with, <br />and governed by the substantive laws of, the State of Utah, without reference to principles <br />governing choice or conflicts of laws. <br />6.2 Captions. The captions used herein are for ease of reference only and <br />shall not define or limit the provisions hereof. <br />6.3 Assignment. The benefit of this Agreement may not be assigned or in <br />any manner transferred and the obligations may not be delegated. Subject to the foregoing <br />limitation upon assignment and delegation, this Agreement shall be binding upon and inure to <br />the benefit of the parties and their respective legal representatives, successors, agents, heirs <br />and assigns. <br />6.4 Entire Agreement. This Agreement constitutes the entire agreement <br />between the parties hereto with respect to the subject matter contained herein, and there aze <br />no covenants, terms or conditions, express or implied, other than as set forth or referred to <br />herein. This Agreement supersedes all prior agreements between the parties hereto relating <br />to all or part of the subject matter herein.. No party has made any representations, oral or <br />written, modifying or contradicting the terms of this Agreement. The parties may not <br />amend, modify or cancel this Agreement except as provided herein or by a written agreement <br />signed by all the parties to this Agreement. <br />-2- <br />