Fill and Sign the Employment Agreement Form 497331803

Employment Agreement with Provisions for Noncompetition, Confidentiality, and Termination on Disability or Discontinuance of Business Employment Agreement made on the _________________ (date) , between ____________________ (Name of Employee) of _____________________________ __________________________________________________ (street address, city, state, zip code) , referred to herein as Employee , and __________________________ (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 . Whereas, Employer is engaged in the business of (type of business) ________ ________________________________________ and maintains business premises at the address set forth above (the Business Premises ); and Whereas, Employee is willing to be employed by Employer, and Employer is willing to employ Employee, on the terms and conditions 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: 1. Employment Employer employs Employee as a (description of position) _______________ _____________________________________________________________________ at the Business Premises, and Employee accepts and agrees to such employment. 2. Duties Subject to the supervision and pursuant to the orders, advice, and direction of Employer, Employee shall perform such duties as are customarily performed by one holding such position in other businesses or enterprises of the same or similar nature as that engaged in by Employer. Employee shall additionally render such other and unrelated services and duties as may be assigned to him from time to time by Employer. 3. Manner of Performance Employee shall at all times faithfully, industriously, and to the best of his ability, experience, and talent, perform all duties that may be required of and from him pursuant to the express and implicit terms of this Agreement, to the reasonable satisfaction of Employer. Such duties shall be rendered at the Business Premises and at such other place or places as Employer shall in good faith require or as the interests, needs, business, and opportunities of Employer shall require or make advisable. 4. Term The term of employment shall be ______ (number) years, commencing on _________________ (date) and terminating _________________ (date) , subject, however, to prior termination as otherwise provided in this Agreement. 5. Compensation Employer shall pay Employee and Employee agrees to accept from Employer, in full payment for Employee's services under this agreement, compensation at the rate of $ ____________ per annum, payable (e.g., monthly) ________________. In addition to the foregoing, Employer will reimburse Employee for any and all necessary, customary, and usual expenses incurred by him while traveling for and on behalf of Employer pursuant to Employer's directions. 6. Noncompetition and Loyalty Employee shall devote all of his time, attention, knowledge, and skill solely and exclusively to the business and interests of Employer, and Employer shall be entitled to all benefits, emoluments, profits, or other issues arising from or incident to any and all work, services, and advice of Employee. Employee agrees that during the term of this Agreement he will not be interested, directly or indirectly, in any form, fashion, or manner, as partner, officer, director, stockholder, advisor, employee, or in any other form or capacity, in any other business similar to Employer's business or any allied trade, except that nothing contained in this Agreement shall be deemed to prevent or limit the right of Employee to invest any of his surplus funds in the capital stock or other securities of any corporation whose stock or securities are publicly owned or are regularly traded on any public exchange, nor shall anything contained in this Agreement be deemed to prevent Employee from investing or limit Employee's right to invest his surplus funds in real estate. 7. Nondisclosure of Information 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 its customers, the prices it obtains or has obtained, or at which it sells or has sold its products, or any other information concerning the business of Employer, its manner of operation, or its plans, processes, or other date of any kind, nature, or description without regard to whether any or all of the foregoing matters would be deemed confidential, material, or important. The parties stipulate that, as between them, the foregoing matters are important, material, and confidential, and gravely affect the effective and successful conduct of the business of Employer, and its good will, and that any breach of the terms of this section is a material breach of this Agreement. 8. Termination on Permanent Disability of Employee Notwithstanding anything in this Agreement to the contrary, Employer is given the option to terminate this Agreement if during the term of this Agreement Employee shall become permanently disabled, as the term permanently disabled is fixed and defined below in this Agreement. Such option shall be exercised by Employer giving notice to Employee by registered mail, addressed to Employee in care of Employer at the above stated address, or at such other address as Employee shall designate in writing, of its intention to terminate this Agreement on the last day of the month during which such notice is mailed. On the giving of such notice this Agreement and the term of it shall cease and come to an end on the last day of the month in which the notice is mailed, with the same force and effect as if such last day of the month were the date originally set forth as the termination date. For purposes of this Agreement, Employee shall be deemed to have become permanently disabled if, during any year of the term of this Agreement, because of ill health, physical or mental disability, or for other causes beyond his control, Employee shall have been continuously unable or unwilling or have failed to perform his duties under this Agreement for _______ (number) consecutive days, or if, during any year of the term of this Agreement, Employee shall have been unable or unwilling or have failed to perform his duties for a total period of _______ (number) days, whether consecutive or not. For the purposes of this Section, the phrase any year of the term of this agreement is defined to mean any period of 12 calendar months commencing on the first day of _______________ (month) and terminating on the last day of _____________ (month) of the following year during the term of this Agreement. 9. Termination on Discontinuance of Business Anything contained in this Agreement to the contrary notwithstanding, if Employer shall discontinue operations at the Business Premises, then this Agreement shall cease and terminate as of the last day of the month in which operations cease with the same force and effect as if such last day of the month were originally set forth as the termination date of this Agreement. 10. Employee Not an Agent of Employer Employee shall not have the right to make any contracts or other commitments for or on behalf of Employer without the written consent of Employer. 11. 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. 12. 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. 13. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _______________. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 20. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. 21. Compliance with Laws In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties. 22. 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 of Employee) ____________________________ ________________________ (P rinted Name & Office in Corporation) (Signature of Employee) ___________________________ (Signature of Officer)