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Employment Agreement
This Agreement made and entered into this __(1)__ day of
_________(2)_________, 19__(3)_, by and between ______(4)_______, of
________(5)__________, hereinafter referred to as "employer", and
______(6)___________, of _________(7)____________, hereinafter referred to as
"employee".
The parties recite that:
A. Employer is engaged in _________(8)___________ and maintains
business premises at _________(9)_____________.
B. Employee is willing to be employed by employer, and employer is
willing to employ employee, on the terms and conditions hereinafter set forth.
For the reasons set forth above, and in consideration of the mutual
covenants and promises of the parties hereto, employer and employee covenant and agree as
follows:
1.AGREEMENT TO EMPLOY AND BE EMPLOYED
Employer hereby employs employee as _______(10)________ at the
above-mentioned premises, and employee hereby accepts and agrees to such employment.
2. DESCRIPTION OF EMPLOYEE'S DUTIES
Subject to the supervision and pursuant to the orders, advice, and
direction of employer, employee shall perform such duties as are customarily performed by
one holding such position in other businesses or enterprises of the same or similar nature
as that engaged in by employer. Employee shall additionally render such other and
unrelated services and duties as may be assigned to him from time to time by employer.
3. MANNER OF PERFORMANCE OF EMPLOYEE'S DUTIES
Employee shall at all times faithfully, industriously, and to the best
of his ability, experience, and talent, perform all duties that may be required of and
from him pursuant to the express and implicit terms hereof, to the reasonable satisfaction
of employer. Such duties shall be rendered at the abovementioned premises and at such
other place or places as employer shall in good faith require or as the interests, needs,
business, and opportunities of employer
shall require or make advisable.
4. DURATION OF EMPLOYMENT
The term of employment shall be __(11)__ years, commencing on
_______(12)________, 19__(13)_, and terminating _______(14)________, 19__(15)_, subject,
however, to prior termination as provided in Sections 8 and 9 hereof.
5. COMPENSATION; REIMBURSEMENT
Employer shall pay employee and employee agrees to accept from
employer, in full payment for employee's services hereunder, compensation at the rate of
____(16)______ Dollars ($________) per annum, payable ____(17)____. In addition to the
foregoing, employer
will reimburse employee for any and all necessary, customary, and usual expenses incurred
by him while traveling for and on behalf of the employer pursuant to employer's
directions.
6. EMPLOYEE'S LOYALTY TO EMPLOYER'S INTERESTS
Employee shall devote all of his time, attention, knowledge, and skill
solely and exclusively to the business and interests of employer, and employer shall be
entitled to all benefits, emoluments, profits, or other issues arising from or incident to
any and all work, services, and advice of employee. Employee expressly agrees that during
the term hereof he will not be interested, directly or indirectly, in any form, fashion,
or manner, as partner, officer, director, stockholder, advisor, employee, or in any other
form or capacity, in any other business
similar to employer's business or any allied trade, except that nothing herein contained
shall be deemed to prevent or limit the right of employee to invest any of his surplus
funds in the capital
stock or other securities of any corporation whose stock or securities are publicly owned
or are regularly traded on any public exchange, nor shall anything herein contained by
deemed to prevent employee from investing or limit employee's right to invest his surplus
funds in real estate.
7. NONDISCLOSURE OF INFORMATION CONCERNING BUSINESS
Employee will not at any time, in any fashion, form, or manner, either
directly or indirectly divulge, disclose, or communicate to any person, firm, or
corporation in any manner
whatsoever any information of any kind, nature, or description concerning any matters
affecting or relating to the business of employer, including, without limitation, the
names of any its customers, the prices it obtains or has obtained, or at which it sells or
has sold its products, or any other information concerning the business of employer, its
manner of operation, or its plans,
processes, or other date of any kind, nature, or description without regard to whether any
or all of the foregoing matters would be deemed confidential, material, or important.
The parties hereby stipulate that, as between them, the foregoing
matters are important, material, and confidential, and gravely affect the effective and
successful conduct of the business of employer, and its good will, and that any breach of
the terms of this section is a material breach of this agreement.
8. OPTION TO TERMINATE ON PERMANENT DISABILITY OF EMPLOYEE
Notwithstanding anything in this agreement to the contrary, employer is
hereby given the option to terminate this agreement in the event that during the term
hereof employee shall become permanently disabled, as the term "permanently
disabled" is hereinafter fixed and defined. Such option shall be exercised by
employer giving notice to employee by registered mail, addressed to him in care of
employer at the above stated address, or at such other address as employee shall designate
in writing, of its intention to terminate this agreement on the last day of the month
during which such notice is mailed. On the giving of such notice this agreement and the
term hereof shall cease and come to an end on the last day of the month in which the
notice is mailed, with the same force and effect as if such last day of the month were the
date originally set forth as the termination date. For purposes of this agreement,
employee shall be deemed to have become permanently disabled if, during any year of the
term hereof, because of ill health, physical or mental disability, or for other causes
beyond his control, he shall have been continuously unable or unwilling or have failed to
perform his duties hereunder for thirty (30)
consecutive days, or if, during any year of the term hereof, he shall have been unable or
unwilling or have failed to perform his duties for a total period of thirty (30) days,
whether consecutive or not. For the purposes hereof, the term "any year of the term
hereof" is defined to mean any period of 12 calendar months commencing on the first
day of _____(18)______ and terminating on the last day of ____(19)_____ of the following
year during the term hereof.
9. DISCONTINUANCE OF BUSINESS AS TERMINATION OF EMPLOYMENT
Anything herein contained to the contrary notwithstanding, in the event
that employer shall discontinue operations at the premises mentioned above, then this
agreement shall cease and terminate as of the last day of the month in which operations
cease with the same force and effect as if such last day of the month were originally set
forth as the termination date hereof.
10. EMPLOYEE'S COMMITMENTS BINDING
ON EMPLOYER ONLY ON WRITTEN CONSENT
Employee shall not have the right to make any contracts or other
commitments for or on behalf of employer within the written consent of employer.
11. CONTRACT TERMS TO BE EXCLUSIVE
This written agreement contains the sole and entire agreement between
the parties, and supersedes any and all other agreements between them. The parties
acknowledge and agree that neither of them has made any representation with respect to the
subject matter of this agreement or any representations inducing the execution and
delivery hereof except such representations as are specifically set forth herein, and each
party acknowledges that he or it has relied on his or its own judgment in entering into
the agreement. The parties further acknowledge that any statements or representations that
may have heretofore been made by either of them to the other are void and of no effect and
that neither of them has relied thereon in connection with his or its dealings with the
other.
12. WAIVER OR MODIFICATION INEFFECTIVE UNLESS IN WRITING
No waiver or modification of this agreement or of any covenant,
condition, or limitation herein contained shall be valid unless in writing and duly
executed by the party to be charged
therewith. Furthermore, no evidence of any waiver or modification shall be offered or
received in evidence in any proceeding, arbitration, or litigation between the parties
arising out of or affecting this agreement, or the rights or obligations of any party
hereunder, unless such waiver or modification is in writing, duly executed as aforesaid.
The provisions of this paragraph may not be waived except as herein set forth.
13. CONTRACT GOVERNED BY LAW
This agreement and performance hereunder and all suits and special
proceedings hereunder shall be construed in accordance with the laws of the State of
_______(20)_______.
14. BINDING EFFECT OF AGREEMENT
This agreement shall be binding on and inure to the benefit of the
respective parties and their respective heirs, legal representatives, successors, and
assigns.
Executed on the date first above written.
"Employer"
____________(21)_______________
"Employee"
____________(22)_______________
NOTICE
The information in this document is designed to provide an outline that
you can follow when formulating business or personal plans. Due to the variances of many
local, city, county and state laws, we recommend that you seek professional legal
counseling before entering into any contract or agreement.
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