Fill and Sign the Agreement between Contractor and Owner for Construction 09 Form

Employment Agreement with a Vice President of an Electrical Contractor Employment a greement made on the __________________ (date), between __________________ (N ame of Employee ) of _____________________________ (street address, city, county, state, zip code) , referred to herein as Employee , and __________________ (N ame of Employer ), a corporation organized and existing under the law s of the State of Kansas , with its principal office located at _____________________________ (street address, city, county, state, zip code) , referred to herein as Employer . Whereas, Employer desires to hire Employee as a Vice President because of Employee 's business experience and expertise in Electrical Contracting ; and Whereas, Employee desires to be employed by Employer as a Vice President on the terms set forth below; Now, therefore, for and in consideration of the mutual covenants contai ned in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: I. Employment A. Employer hereby employs and hires Employee as a Vice President to engage in estimating, operations and management for Employer , and Employee accepts and agrees to such hiring and employment, subject to the ge neral supervision and pursuant to the orders, advice, and direction of Employer. B. Employee shall also perform such other duties as are customarily performed by one holding such position in other, same, or simila r businesses or enterprises as that engaged in by Employer, and shall also additionally re nder such other and unrelated services and duties as may be assigned to _______ (him/her) from time to time by Employer. II. Term of Employment . The term of Employee 's employment shall be __________________ (number ) years commencing on __________________ (date). Employee's employment may be terminated for Cause as defined in Paragraph V below. III . Compensation . Employer shall pay Employee an annual salary of $__________________ , payable monthly, on the __________________ day of each month, commencing __________________ (date). Employer shall provide Employee with heath insurance in accordance with the pra ctice of Employer as modified from time to time. Employer shall reimburse Employee for all necessary expenses incurred by Employee while traveling pursuant to Employer 's directions. IV. Vacations and other Absences. Employee shall be entitled to paid vacations each year in accordance with Employer's then -current vacation policy for senior executives. Employee shall be subject to Employer’s policies and procedures relating to other absences from regular duties for holidays, si ck or disability leave, leave of absence without pay, or leave for other reasons, as those customarily provided to the Employer’s senior executives. V. Termination for C ause . The Employer may terminate the Employee's employ ment immediately for Cause. For purposes of this Agreement, Cause means: A. Any act or omission of the Emp loyee constituting misconduct, negligence, fraud, misappropriation, embezzlement, conflict of interest or competitive business activities, including but not limited to any arrest on criminal charges; B. Any chemical dependence which materially adversely affects the performance of Employee’s duties and responsibilities to the Employer; C. Breach of the Employee 's fiduciary obligations to Employer in a material respect; D. Employee's failure to perform _______ (his/her) duties pursuant to this Agr eement and/or Employer’s policies and procedures; and/or E. Employee's misconduct resulting in monetary loss to the Employer or damage to th e reputation of Employer; VI. Confidentiality . A. Nondisclosure. Employee shall not, du ring or after the term of this Agreement, directly or indirectly, use, disseminate, or disclose to any person, firm, or other business entity , for any purpose whatsoever, any information not generally known in the industry in which Employer is or may be en gaged which was disclosed to Employee or known by Employee as a consequence of or through his employment by Employer. This includes information regarding Employer's processes, customers, services, suppliers, and related matters, and also includes informati on relating to research, development, inventions, manufacture, purchasing, accounting, and marketing. B. Confidential Relationship. Employee shall hold in a fiduciary capacity for the benefit of Employer all information described in Paragraph A above, along with any and all inventions, discoveries, concepts, ideas, improvements or know - how, discovered or developed by Employee, solely o r jointly with other employees, during the term of this A greement, which may be directly or indirectly useful in or related to the business of Employer, or may be within the scope of its or Employer ’s research or development work. C. Return of Documents. To protect the interests of Employer, Employee agrees that, during or after the termination of Employee's emplo yment by Employer, all documents, records, notebooks, and similar repositories containing such information described in Paragraph A above, including copies of such items, then in Employee's possession or work area, whether prepared by Employee or others, a re the property of Employer and shall be returned to Employer upon Employer's request. VI I. No Waiver . The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiv ing any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. VII I. Governing Law . This Agreement shall be governed by, construed, and enforced in accordance with the l aws of the S tate of Kansas . IX . Notices . Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respect ive address of each party as set forth at the beginning of this Agreement. X. Mandatory Arbitration . Any dispute under this Agreement shall be required to be resolved by binding arbi tration of the parties hereto. If the parties cannot agree on an arbit rator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in for ce and effect. XI. Entire Agreement . This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. XII. Modification of Agreement . Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. WITNESS our signatures as of the day and date first above stated. ___ _____________________ (Name of Employer) ________________________ By: _ ______________________ ________ __ (Signature of Employee) (Signature of Officer) ________________________ ________________________ (P rinted Name of Employee ) (Printed N ame & Offi ce in Employer )