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Standard Employment Agreement
AGREEMENT made on [Date] by and between [Name] of [Address], hereinafter referred to as "Company", and [Name] of [Address], hereinafter referred to as "Employee", agree as follows:
For good consideration, Company shall employ and the Employee agrees to be employed on the following terms:
1. Effective Date: [Date] Employment shall commence on [Date], time being of the essence.
2. Duties: Employee agrees to perform the following duties: (Describe general duties, or attach job description) Employee shall also perform such further duties as are incidental or implied from the foregoing, consistent with the background, training and qualifications of Employee or may be reasonably delegated as being in the best interests of the Company.
The Employee shall devote full time to his employment and expend best efforts on behalf of Company. Employee further agrees to abide by all reasonable Company policies and decisions now or hereinafter existing.
3. Term: The Employee's employment shall continue for a period of [--] years, beginning on the effective date of this agreement and ending on [Date].
4. Compensation: The Employee shall be paid the following compensations:
(a) Annual Salary: [$------] paid on the payroll schedule existing for other employees.
(b) Such bonuses, vacations, sick leave, retirement benefits and expense accounts as stated in the Company manual for other management personnel or as may be decided by the Company if said items are discretionary with the Company.
5. Terminations: This agreement may be earlier terminated upon: a) Death of Employee or illness or incapacity that prevents Employee from substantially performing for [--] continuous months or in excess of [--] aggregate working days in any calendar year. (b) Breach of agreement of Employee.
(a) Employee agrees to execute a noncompete agreement as annexed hereto.
(b) Employee agrees to execute a confidential information and invention assignment agreement as annexed hereto.
(c) This agreement shall not be assignable by either party, provided that upon any sale of the business by Company, the Company may assign this agreement to its successor or employee may terminate same.
(d) In the event of any dispute under this agreement, it shall be resolved through an arbitration committee.
(e) This constitutes the entire agreement between the parties. Any modification must be in writing.
7. Additional Terms:
8. Further Assurances. In connection with this Agreement and the transactions contemplated hereby, each party to this Agreement will execute and deliver any additional documents and perform any additional acts that may be necessary or appropriate to effectuate and perform its obligations under this Agreement and the transactions contemplated hereby.
9. Headings. The paragraph headings contained herein are for convenience of reference only and are not to be used in the construction or interpretation hereof.
10. Severance. The invalidity or unenforceability of any portion of this Agreement shall not affect the remaining provisions and portions hereof.
11. Entire Agreement. This Agreement including any attachments is the entire agreement between the parties and there are no other promises or conditions in any other written agreement.
12. This Agreement supersedes any prior oral agreements between the parties.
13. Agreement Binding. This Agreement shall be binding upon the parties hereto and their respective heirs, administrators, successors, and assigns.
14. No Assignment. Neither this agreement nor any right or interest thereunder shall be assigned in any respect whatsoever.
15. Exclusion of Oral Statements. This instrument contains all of the agreements of the parties. No oral or other statements shall be binding on either of the parties hereto.
16. Applicable Law. This Agreement shall be governed by the laws of the State of [State].
IN WITNESS WHEREOF, the parties have executed this agreement the day and year as first above written at [City], [State].
This Section for Notary:
STATE OF -------)
) ss: [Date]
COUNTY OF ------)
On [Date] before me, [Name of Notary], notary, personally appeared [Name of Person(s) Involved], personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
[Name of Notary Public]
My commission expires: [date]