Fill and Sign the Agreement Car Allowance Form

Employment Agreement - Executive with Car Allowance Employment Agreement made ___________________ (date) , between _________________________ (Name of Employer) , a corporation organized and existing under the laws of the state of ______________, with its principal office located at ___________ ____________________________________________________________________________ (street address, city, state, zip code) , referred to herein as Employer, and _______________ (Name of Employee) , of ________________________________________________________ ___________________________ (street address, city, state, zip code) , referred to herein as Employee . 1. Employment Employer employs Employee, and Employee accepts such employment, upon the terms and conditions set forth in this Agreement. Employee agrees to devote his full time, attention and best efforts to the performance of employment under this Agreement. The duties of employment shall include such duties as Employer may assign to Employee from time to time. Employee shall initially have the title and position of General Manager of Employer, which title and position Employer may change from time to time. In addition, Employee shall have such other duties as may from time to time be reasonably assigned to him by Employer. Employee shall not have the authority to bind Employer on any contract or obligation of any kind. 2. Compensation Employer agrees to pay Employee as full compensation for all of Employee's services to Employer a gross salary of $______________, payable twice a month in arrears. One payment shall be made on the fifteenth day of the calendar month and the other shall be made on the last day of the calendar month. The first payment shall be prorated based upon the number of days of employment prior to the payment date. Employee's salary and performance will be reviewed by Employer within ______ (number) months after employment. 3. Term of Employment The term of employment shall begin on the date that this Agreement is signed by both Employer and Employee, and shall extend until terminated as provided for in this Agreement. 4. Benefits Unless otherwise specified, during the term of this Agreement Employer shall: A. Employee $___________ a month as a car allowance; B. Allow Employee _______ (number) weeks of paid vacation after one full year of employment by Employer; C. Allow Employee _____________ (fraction) day of paid sick leave for every calendar month of employment, which sick leave shall accumulate from month to month but not from year to year (any sick leave not used at the end of a calendar year shall be paid to Employee in cash); D. Pay Employee $___________ a month as a laundry allowance; E. Allow Employee to charge food and beverages up to a total of $___________ a month at __________________ (name of hotel) located at ______________________ ______________________________________________________ (address of hotel) ; F. Allow Employee to park without charge in one of Employer's parking spaces in the ___________________________________________________________________ (name of parking garage) ; and 5. Restrictive Covenants Employee agrees as follows: A. Employee will not at any time, either during employment or after employment terminates, directly or indirectly make known or divulge to any person, firm, or corporation the names or addresses of any of the customers, Employees, suppliers, or potential customers of Employer. As used in this Agreement, customers includes all those who have stayed in the Hotel, all those who have inquired about the Hotel, and all those to whom Employer provides its services; suppliers includes all those from whom Employer obtains products or services; and potential customers includes all those appearing on any list of potential customers or otherwise listed or discussed as a potential customer. B. Employee will not, during the period of ______ (number) years after termination of employment, directly or indirectly, either for himself or for any other person, firm, or corporation, call upon, solicit, divert, or take away, or attempt to solicit, divert, or take away, any of the customers, Employees, suppliers, or potential customers of Employer. C. 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 manner whatsoever any information of any kind, nature, or description concerning any matters affecting or relating to the business of Employer, including, but not limited to, the names of any of its customers, Employees, suppliers, or potential customers, or any other information concerning the business of Employer, its manner of operation, its plans, or any other data of any kind, nature, or description, without regard to whether any or all of the above matters would be deemed confidential, proprietary, material, or important, provided, however, that Employee may disclose such information in the ordinary course of Employer's business to a customer of Employer and to another Employee of Employer if it is reasonably necessary to do so. D. All books, records, files, forms, reports, memoranda, papers, accounts, and documents relating in any manner to Employer's business, Employees, customers, or suppliers, whether prepared or paid for by Employee or anyone else, shall be the exclusive property of Employer and shall be returned immediately to Employer upon termination of employment or upon Employer's request at any time. E. The parties stipulate that each of the above matters are important, material, and confidential, and gravely affect the effective and successful conduct of the business of Employer and affect its reputation and goodwill, and that any breach of the provisions of this Section 5 is a material breach of this Agreement, from which breach Employee shall be enjoined. Employee shall pay Employer all costs and attorneys fees incurred by Employer in any legal action or proceeding related to enforcing the provisions of this Agreement. 6. Representations and Warranties Employee acknowledges that Employer operates the __________________ (Name of Hotel) at ____________________________________________________________________ ___________________ (street address, city, state, zip code) , in a competitive Hotel market, that the image and reputation of the Hotel are important to the success of Employer as a business, and that Employee's position in the Hotel is one of high public visibility which demands that Employee's actions both during and outside of working hours be of the highest professional caliber and beyond reproach. Employee represents and warrants to Employer that: Employee is capable of attaining and maintaining the standard of personal conduct which employment with Employer will require; the resume and employment application furnished to Employer are true and accurate in all respects, are not misleading, and do not omit to state any material information; that the education and experience of Employee are as stated in the resume and application; that Employee is in good health; that Employee knows of no present condition which now or in the future may adversely affect his health or his ability to perform his job; and that Employee has fully disclosed to Employer all facts which are material to Employer's decision to employ Employee. 7. Termination on Death All rights of Employee under this Agreement shall terminate upon his death (other than rights accrued prior to death). Employer shall pay to the estate of Employee such compensation as would otherwise have been payable to Employee up to the date on which his death occurs. Employer shall have no additional financial obligation under this Agreement to Employee or his estate. 8. Methods of Termination In addition to any methods of termination set forth elsewhere in this Agreement, this Agreement may also be terminated by any of the following methods: A. Either Employee or Employer may terminate the employment of Employee under this Agreement at any time by giving written notice to the other party at least ______ (number) days prior to the specified date of termination. Termination under this method does not require cause. Employee shall continue to be an Employee of Employer after such notice and until the termination date unless his employment is terminated earlier by another method of termination set forth in this Agreement. B. Employer may terminate the employment of Employee at any time by giving written notice to Employee and agreeing to continue to pay Employee's salary for ______ (number) days after notice of termination. Termination under this method does not require cause. Employee shall not continue to be an Employee after such notice. C. Employer may at any time terminate the employment of Employee, without notice, for any of the following reasons: 1. Upon Employee's failure to promptly and adequately perform the duties assigned to him by Employer, such performance to be judged in the sole discretion of Employer; 2. Upon Employee's breach of any provision of this Agreement; or 3. Upon Employer determining that there is good cause. The term good cause as used in this Agreement shall include, but shall not be limited to, the following: absenteeism; dishonesty; insubordination; conduct reflecting moral turpitude; conduct which could diminish the reputation or goodwill of Employer or its Hotel; conduct disloyal to Employer; violation of any representation, warranty or covenant of this Agreement; inability to perform Employee's duties under this Agreement; adverse medical condition which keeps Employee from _______ (his/her) regular work for more than the number of allowed paid sick days; or arrest or indictment for any crime. 9. Severability The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 10. 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. 11. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _______________. 12. Notices Unless provided herein to the contrary, 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. 13. Attorney’s Fees In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. 14. 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. 15. 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. 16. 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. 17. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. WITNESS our signatures as of the day and date first above stated. ________________________ (Name of Employer) ________________________ By:_________________________ (P rinted Name) _________________________ ________________________ (P rinted Name & Office in Corporation) (Signature of Employee) _________________________ (Signature of Officer)