Fill and Sign the Employment Agreement with Renewable Energy Contractor Including Covenant Not to Compete and Nondisclosure Clause Form

Employment Agreement with Renewable Energy Contractor including Covenant Not to Compete and Nondisclosure Clause Employment agreement made ___________ (date) , between _____________________ (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, state, zip code) , referred to herein as Employer , and _______________________ (Name of Employee) , of _______________________________________________ (street address, city, state, zip code) , referred to herein as Employee . Whereas , Employer is engaged in the business of renewable energy contracting, and maintains an office at ___________________________________________________ (street address, city, state, zip code) ; and Whereas , Employee has been engaged and has had a great deal of experience in the above-designated business; and Whereas , Employee is willing to be employed by Employer, and Employer is willing to employ Employee, on the terms, covenants, and conditions set forth in this Agreement; 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. A. Employer hereby employs, engages, and hires Employee as General Manager of Employer to perform the duties set forth in Exhibit A attached hereto and made a part hereof. Employee accepts and agrees to such hiring, engagement, 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 him from time to time by Employer. 2. BEST EFFORTS OF EMPLOYEE . Employee agrees that he will at all times faithfully, industriously, and to the best of his ability, experience, and talents, perform all of the 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 ____________________________________________ (street address, city, state, zip code) , and at such other place or places as Employer shall in good faith require or as the interest, needs, business, or opportunity of Employer shall require. 3. TERM OF EMPLOYMENT. The term of this Agreement shall be a period of one year, commencing on ______________ ( date) , and terminating on ______________ (date) , subject, however, to prior termination as provided in this Agreement. At the expiration date of ________________ (date) , this Agreement shall be considered renewed for regular periods of one year, provided neither party submits a notice of termination. 4. COMPENSATION OF EMPLOYEE . Employer shall pay Employee, and Employee shall accept from Employer, in full payment for Employee's services under this Agreement, compensation at the rate of $ _____________ per year, payable twice a month on the ________ (number) and _______ (number) days of each month while this Agreement shall be in force. Employer shall reimburse Employee for all necessary expenses incurred by Employee while traveling pursuant to Employer's directions. 5. TERMINATION DUE TO DISCONTINUANCE OF BUSINESS. In spite of anything contained in this Agreement to the contrary, if Employer shall discontinue operating its business at ___________________________________________________________ (street address, city, state, zip code) , then this Agreement shall terminate as of the last day of the month in which Employer ceases operations at such location with the same force and effect as if such last day of the month were originally set as the termination date of this Agreement. 6. OTHER EMPLOYMENT. Employee shall devote all of his time, attention, knowledge, and skills solely to the business and interest of Employer, 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, and Employee shall not, during the term of this Agreement, be interested directly or indirectly, in any manner, as partner, officer, director, shareholder, advisor, Employee, or in any other capacity in any other business similar to Employer's business or any allied trade. 7. RECOMMENDATIONS FOR IMPROVING OPERATIONS. Employee shall make available to Employer all information of which Employee shall have any knowledge and shall make all suggestions and recommendations that will be of mutual benefit to Employer and Employee. 8. AGREEMENTS OUTSIDE OF CONTRACT. This Agreement contains the complete Agreement concerning the employment arrangement between the parties and shall, as of the effective date of this Agreement, supersede all other agreements between the parties. The parties stipulate that neither of them has made any representation with respect to the subject matter of this Agreement or any representations including the execution and delivery of this Agreement except such representations as are specifically set forth in this Agreement, and each of the parties acknowledges that the party has relied on its own judgment in entering into this Agreement. The parties further acknowledge that any payments or representations that may have been made by either of them to the other prior to the date of executing this Agreement are of no effect and that neither of them has relied on such payments or representations in connection with the party's dealings with the other. 9. COVENANT NOT TO COMPETE : On termination of this Agreement, Employee agrees that he will not engage in the business of renewable energy contracting within a radius of ______ (number) miles from any office of employer, for a period of _______ (number) years. Employee agrees that this noncompetition section is necessary to protect Employer's business, and that Employee's violation of this section would result in irreparable harm to Employer. If Employee breaches this section, Employer shall be entitled to injunctive relief in addition to any other remedies legally available. This section shall survive termination of this Agreement. 10. CONFIDENTIALITY . Employer and Employee both acknowledge that all information and materials furnished from the Employer concerning this Agreement and the performance of it is confidential and may not be used for any purpose other than in connection with this Agreement. 11. VACATION. Employee shall be entitled to _______ (number) days of paid vacation each year during the term of this Agreement, the time for such vacation to be determined by mutual Agreement between Employer and Employee. 12. TERMINATION. A. This Agreement may be terminated by either party on ________ (number) days' written notice to the other. If Employer shall so terminate this Agreement, Employee shall be entitled to compensation for ________ (number) days. B. In the event of any violation by Employee of any of the terms of this Agreement, Employer may terminate employment without notice and with compensation to Employee only to the date of such termination. C. It is further agreed that any breach or evasion of any of the terms of this Agreement by either party will result in immediate and irreparable injury to the other party and will authorize recourse to injunction and or specific performance as well as to all other legal or equitable remedies to which such injured party may be entitled under this Agreement. 13. TERMINATION FOR DISABILITY. A. In spite of anything in this Agreement to the contrary, Employer has the option to terminate this Agreement if Employee shall, during the term of this Agreement, become permanently disabled as the term permanently disabled is fixed and defined in this Section. Such option shall be exercised by Employer giving notice to Employee by registered or certified mail, addressed to him in at ___________________________________________________ (street address, city, state, zip code) , or at such other address as Employee shall designate in writing of Employer's 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 shall cease on the last day of the month in which the notice is so mailed, with the same force and effect as if such last day of the month were the date originally set forth in this Agreement as the termination date of this Agreement. B. For the 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 Employee's control he shall have been continuously unable or unwilling or shall 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 shall have failed to perform his duties for a total period of ________ (number) days, irrespective of whether or not such days are consecutive. For the purposes of this Agreement, the term "any year of the term of this Agreement" is defined to mean any 12-calendar-months period commencing on _____________ ( date) , and terminating on _____________ (date) , during the term of this Agreement. 14. 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. 15. 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. 16. GOVERNING LAW . This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ____________________ (Name of State). 17. 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. 18. 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. 19. 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. 20. 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 evidenced in writing signed by each party or an authorized representative of each party. 21. 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. 22. 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. 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) Exhibit A Overseeing the:  Identification and qualification of renewable energy projects and sales opportunities within commercial, industrial, institutional, agricultural and government business settings;  Competition for and securement of project work;  Management and implementation of renewable energy projects;  Securing of strategic relationships with renewable energy contractors, vendors, utilities and other industry trade partners; and  Working with vendors, customers and industry partners to identify opportunities for new renewable energy products and services. _________________________ (Name of Employer) ________________________ By: ______________________________ (P rinted Name of Employee) (P rinted Name & Office in Corporation) ________________________ ___________________________ (Signature of Employee) (Signature of Officer)