Employment Agreement for Business Development Manager

Employment Agreement with Business Development Manager
with Covenant not to Compete and Confidentiality Provision

Employment agreement made on the (date), between

(Name of Employee) of

(street address, city, county, state, zip code), referred to herein as Employee, and (Name of Employer), a corporation organized and existing under the laws of the State of (name of state), 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 Business Development Manager because of Employee's business experience and expertise in the design business; and

Whereas, Employee desires to be employed by Employer as Business Development Manager on the terms set forth below;

Now, therefore, for and in consideration of the mutual covenants contained 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 Business Development Manager to engage in developing and maintaining relationships with the A & D community; following up and closing contracts with clients; helping to develop and maintain an acceptable sales channel strategy; exploring national account opportunities; and training an internal sales team and representative network. Employee accepts and agrees to such hiring and employment, subject to the general 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 similar businesses or enterprises as that engaged in by Employer, and shall also additionally render such other and unrelated services and duties as may be assigned to from time to time by Employer.

II. Term of Employment. The term of this Agreement will commence, and the Employee's salary will commence, on (date), and will continue until terminated, with or without cause, by either party on written notice to the other.

III. Compensation. Employer shall pay Employee an annual salary of $ , payable monthly, on the day of each month.

Employer shall provide Employee with heath insurance in accordance with the practice 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. Employer shall provide Employee with a vacation of ten (10) days with pay each year during the term of this Agreement. The time for Employee's taking such vacation shall be determined by mutual agreement between Employer and Employee. Employee shall also be subject to Employer’s policies and procedures relating to other absences from regular duties for holidays, sick or disability leave, leave of absence without pay, or leave for other reasons, as those customarily provided to the Employer’s senior executives.

V. Confidentiality.

A. Nondisclosure. Employee shall not, during 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 engaged which was disclosed to Employee or known by Employee as a consequence of or through his/her employment by Employer. This includes information regarding Employer's processes, customers, services, suppliers, and related matters, and also includes information 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 or jointly with other employees, 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 and/or after the termination of Employee's employment by Employer, he/she will return 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. Employee further agrees that such documents are the property of Employer, shall not be disclosed to any person, and shall be returned to Employer upon Employer's request.

VI. Covenant not to Compete.

A. Employee shall devote all of time, attention, knowledge, and skills solely to the business and interests of Employer during the term of this Agreement, and Employer shall be entitled to all of the benefits, profits, or other issues arising from or incident to all work, services, and advice of Employee. Moreover, Employee shall not, during the term of this Agreement, be interested or participate, directly or indirectly, in any manner, as a partner, officer, director, shareholder, advisor, employee, or in any other capacity in any other business similar to Employer's business or any allied trade.

B. Employee agrees, that for a period of years after termination of employment with Employer, Employee will not, within , directly or indirectly engage in any business competitive with Employer for a period of years from such termination of employment, or directly or indirectly engage in any such business, which shall include, but not be limited to, engaging in any such business as owner, partner, or agent, or as employee of any person, firm, partnership, limited liability company, corporation, or other entity engaged in any such business, or be interested directly or indirectly in any such business conducted by any person, firm, corporation, or other entity.

VI. 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 waiving 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. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of (name of state).

VIII. 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 respective address of each party as set forth at the beginning of this Agreement.

IX. Mandatory Arbitration. Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, 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 force and effect.

X. 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.

XI. 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.