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Fill and Sign the Agreement Made on the Day of 20 between Inc Form

Fill and Sign the Agreement Made on the Day of 20 between Inc Form

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Employment Agreement with a Supervisor or Manager of a Business Agreement made on the ___ day of __________, 20___, between ________, Inc., a corporation organized and existing under the laws of the state of _____________, with its principal office located at _____________________________________________ (street address, city, county, state, zip code) , referred to herein as Employer (and sometimes as Firm), and ______________ of ________________________________ (street address, city, county, state, zip code) , referred to herein as Employee. I. Term and Nature of Employment The Employee shall enter into the employment of the Employer as Supervisor (or Manager) of the _______________ (e.g., retail, manufacturing) department of the business of the Employer at its place of business identified above, for the period of _____ year(s), commencing __________ (date), subject to the general control of the Employer. II. Devotion of Full Time to Business The Employee shall devote the whole of his time, attention, and energies to the performance of his duties as Supervisor (or Manager) of the ________________ (e.g., retail, manufacturing) department, and shall not, either directly or indirectly, alone or in partnership, be connected with or concerned in any other competing business or pursuit during the term of employment. III. Supervisory Duties The Employee shall, subject to the control of the Employer, take entire charge of the _______________________ (e.g., retail, manufacturing) department of the business of the Employer, exercise supervision over the whole of that department, employ such help as may be necessary and desirable, serve the Firm diligently and according to his best abilities in all respects, and generally do all things for the best interests of the Firm that are usually done by persons occupying a position as Supervisor (or Manager). IV. Rate of Compensation The salary of the Employee shall be $_____________ per month for the first _______ months, payable on the last regular working day of each month, and $__________ per month for the next ______months, payable in the same manner, provided, however, that if the services of the Employee shall be found to be satisfactory to the Employer, the Employee shall be paid for his services at the rate of $___________ dollars per month after the first ______ months of the term of employment mentioned. V. Termination of Employment If the Employee shall be neglectful of the interest of the Employer, or manage the business under his supervision badly or in a manner unsatisfactory to Employer, or shall be guilty of misconduct, the Employer may at its option terminate this agreement on ______ days' notice to the Employee. The Employee may terminate his service on _______ days' notice to the Employer. VI. Nondisclosure of Information Concerning BusinessThe Employee further specifically agrees that he will not at any time, in any manner, either directly or indirectly, communicate to any person, firm, or corporation any information of any kind concerning any matters affecting or relating to the business of the Employer, including, but not limited to, the names of any of the Firm's customers, the prices the employer obtains or has obtained or at which the Employer sells or has sold products, or any other information of, about, or concerning the business of the Employer, Employer's manner of operation, the firm's plans, processes, or other data of any kind, nature, or description without regard to whether any or all of such matters would be deemed confidential, material, or important, the parties stipulating that as between them, the matters are important, material, and confidential and gravely affect the effective and successful conduct of the business of the Employer, and the Employer's goodwill, and that any breach of the terms of this paragraph is a material breach of this agreement. VII. Contract Terms to be Exclusive This written agreement contains the sole and entire agreement between the parties and shall supersede any and all other agreements between the parties. The parties acknowledge and agree that neither of them has made any representation with respect to the subject matter of this agreement or any representations inducing its execution and delivery except such representations as are specifically set forth in this writing, and the parties acknowledge that they have relied on their own judgment in entering into this agreement. The parties further acknowledge that any statements or representations that may have been made by either of them to the other are void and of no effect and that neither of them has relied on such statements or representations in connection with its dealings with the other. VIII. Waiver or Modification Ineffective Unless in Writing It is agreed that no waiver or modification of this agreement or of any covenant, condition, or limitation contained in it shall be valid unless it is in writing and duly executed by the party to be charged with it, and that no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration, or litigation between the parties arising out of or affecting this agreement, or the rights or obligations of any party under it, unless such waiver or modification is in writing, duly executed as above. The parties agree that the provisions of this paragraph may not be waived except by a duly executed writing. 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. Applicable LawThe parties agree that it is their intention and covenant that this agreement and performance under it and all suits and special proceedings relating to it be construed in accordance with and under and pursuant to the laws of the State of __________ and that in any action, special proceeding, or other proceeding that may be brought arising out of, in connection with, or by reason of this agreement, the laws of said shall be applicable and shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which any action or special proceeding may be instituted. WITNESS our signatures as of the day and date first above stated. ___________________, INC. ________________________ By___________________________ (Name of Employee) (Name & Office in Corporation)

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