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
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,
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
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
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
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
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.