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Night Work Agreement
AGREEMENT, made on (... date of agreement ...) by and between (... name of Employer ...) (... address of Employer ...) (hereinafter referred to as the "Company"), (... name of Employee ...) (... address of Employee ...) (hereinafter referred to as the "Employee").
Agreement is as follows:
01. Employee agrees to be employed by Employer between the hour(s) of ____ AM/PM to ____ AM/PM for ____ nights per week.
02. No Harassment. Both parties agree not to molest, harass, rebets, interfere with, or impose any restraint upon the other, except as set out in this agreement.
03. Representations. Each party acknowledges that this agreement has been entered into of his or her volition with full knowledge and information including tax consequences. In some instances, it represented a compromise of disputed issues. Each believes the terms and conditions to be fair and reasonable under the circumstances. No coercion or undue influence has been used by or against either party in making this agreement. Each party acknowledges that no representations of any kind have been made to him or her as an inducement to enter into this agreement other than the representations set forth herein.
03. Representations. Neither party has made any representations nor promises, other than those contained in this agreement or in some further writing signed by the party making the representation or promise.
04. Modifications. A modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formality as this agreement. Failure of either party to insist upon strict performance of any of the provisions of this agreement shall not be construed as a waiver of any subsequent default of the same or similar nature.
05. Number and Gender. Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural. The masculine gender shall include the feminine and neuter genders, and the word "person" shall include a corporation, firm, partnership, or other form of association.
06. Termination of Agreement. This agreement may be terminated at any time by the parties written agreement. We agree that from time to time an amendment of this agreement may be desirable and we therefore agree that said amendment may be accomplished by written amendment only.
07. Miscellaneous Provisions. The various headings and numbers herein and the grouping of provisions of this Agreement into separate divisions are for the purpose of convenience only and shall not be considered a part hereof. The language in all parts of this Agreement shall in all cases be construed in accordance to its fair meaning as if prepared by all parties to the Agreement and not strictly for or against any of the parties.
08. Assignment. This Agreement is of a personal nature and may not be assigned.
09. Complete Agreement of the Parties. This is the complete agreement of the parties and it supersedes any agreement that has been made prior to this agreement.
10. Governing Law. The parties hereby expressly acknowledge and agree that this Agreement is entered into in the State of [STATE] and, to the extent permitted by law, this Agreement shall be construed, and enforced in accordance with the laws of the State of [STATE].
IN WITNESS WHEREOF, the parties have signed this Agreement on the date first above written.