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Fill and Sign the Employment Agreement with Form

Fill and Sign the Employment Agreement with Form

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EMPLOYMENT AGREEMENT Employment agreement made __________________ [date of agreement] , between _____________________________ [name of employer] , a corporation organized and existing under the laws of ___________________ [state] , with its principal office located at __________________________________________________________ [address of employer] (the "employer"), and _____________________________ [name of employee] , of __________________________________________________________ [address of employee] (the "employee"). SECTION ONE. TERM AND NATURE OF EMPLOYMENT The employee shall enter into the employment of the employer as between residential construction manager (field supervisor) _____________________________ [manager/supervisor] of the _____________________________ [retail/processing/manufacturing] department of the business of the employer at its place of business identified above, for the period of _________ [number] years, commencing _____________________________ [commencement date] , subject to the general control of the employer. SECTION TWO. DEVOTION OF FULL TIME TO BUSINESS The employee shall devote the whole of _______ [his/her] time, attention, and energies to the performance of ______ [his/her] duties as ___________________ [manager/supervisor] of the _________________ 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. SECTION THREE. SUPERVISORY DUTIES The employee shall, subject to the control of the employer, take entire charge of the ________________ 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/her] 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 ________________________ [manager/supervisor] . SECTION FOUR. RATE OF COMPENSATION The salary of the employee shall be $__________________ per week for the first ____________ months, payable on the last regular working day of each week, 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/her] services at the rate of $______________ dollars per week after the first __________ months of the term of employment mentioned. SECTION FIVE. TERMINATION OF EMPLOYMENT If the employee shall be neglectful of the interest of the employer, or manage the business under ___________ [his/her] 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 __________ [number] days' notice to the employee. The employee may terminate _________ [his/her] service on ____________ [number] days' notice to the employer. SECTION SIX. NONDISCLOSURE OF INFORMATION CONCERNING BUSINESS The employee further specifically agrees that _______ [he/she] 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. SECTION SEVEN. 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. SECTION EIGHT. 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. SECTION NINE. APPLICABLE LAW The 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 ______________ [state] 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 ______________ [state] 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. Each party to this agreement has caused it to be executed at _____________________ [place of execution] on the date indicated below. _______________________________ ___________________________________ Employer Employee _______________________________ ___________________________________ Date Date

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