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Fill and Sign the Executive Director Nonprofit Form

Fill and Sign the Executive Director Nonprofit Form

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Employment Agreement with Executive Director of a Nonprofit Corporation including a Confidentiality Clause Employment Agreement made on the _______ day of _________________, 20_____, between ____________________________ (Name of Employee) of ____________________ _____________________________________ (street address, city, county, state, zip code) , referred to herein as Employee, and ________________________________________ (Name of Nonprofit Corporation) , a not for profit 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 Corporation. 1. Employment and Duties The Corporation employs the Employee as its Executive Director, and the Employee accepts such employment. The Employee's duties include, but are not limited to, the following: A. Advise, counsel and assist the Corporation in its efforts to _________________ ______________________________________________________________________ (description of purpose of not-for-profit Corporation) . B. Work at the Corporation's principal office at ____________________________ __________________________________________ (street address, city, county, state, zip code) . C. Arrange for and oversee other Employees or consultants to the Corporation. D. Coordinate the preparation and filing of tax exemption applications, tax returns, charitable solicitation registrations, and other government reports for the Corporation. E. Coordinate the solicitation of charitable contributions and sponsorships on behalf of the Corporation . F. Such other reasonable matters related to the purposes of the Corporation as the officers and directors of the Corporation delegate to the Employee as or may be provided for in the bylaws of the Corporation. 2. Compensation The Corporation shall pay the Employee a salary of $_____________ per month. The Corporation will withhold FICA and federal income tax in accordance with state and federal law. 3. Expenses The Corporation shall reimburse the Employee for all reasonable and necessary expenses which he may incur relative to his services for the Corporation, including but not limited to travel, telephone, postage, typing, and copying expenses. The Corporation will provide reimbursement within _______ (number) days of submission by the Employee to the treasurer or any other officer of the Corporation of documentation supporting expenditures. The Employee will submit all documentation for an expense within ______ (number) days after the expense is incurred. 4. Term The term of this Agreement will commence, and the Employee's salary will commence, on ____________________ (date employment begins), and will continue until terminated, with or without cause, by either party on written notice to the other. 5. Vacation. Employee shall be entitled to _______ days of vacation each year of full employment, exclusive of legal holidays, as long as the scheduling of Employee’s vacation does not interfere with the Corporation’s normal business operations. 6. Confidentiality Agreement A. Clients The Employee will not at any time, either directly or indirectly, make known or divulge to any person, firm or corporation the names, addresses, or any aspect of the business or identities of any of the clients or donors of the Employer, except pursuant to the permission of client or donor or pursuant to subpoena or other applicable legal authority. B. Information The 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 employer in any manner whatsoever any information of any kind, nature, or description concerning any matters affecting or relating to the business of the Employer, including, but not limited to, the names of any of its clients or donors, or any other information concerning the business of the Employer, its manner of operation, or its plans, processes, or other data of any kind, nature, or description, without regard to whether any or all of the above matters would be deemed confidential, material, or important. C. This Section C shall survive termination of this Agreement. 7. Breach of Contract If either party to this Agreement fails or refuses to perform its terms and conditions, the party not in default may give _______ (number) days' written notice to the defaulting party of the alleged default, and if such default continues for _______ (number) additional days from the date of receipt of such written notice, then this contract may be canceled by the party not in default. All of the rights and remedies allowed by the law for breach of contract will be open to the party not in default. The waiver of any provision of this contract will not be construed as a waiver of any succeeding breach of any of the terms of this contract. 8. Governing Law This Agreement will be governed, construed and enforced according to the laws of the state of ________________. All actions, whether sounding in contract or in tort, will be instituted and litigated in said state and the parties submit to the jurisdiction of the courts of said state. 9. Amendments This Agreement may be amended from time to time on written mutual agreement between the parties. 10. Assignment This Agreement may not be assigned by either party except on the written mutual agreement of both parties. 11. Entire Agreement It is specifically stipulated that there are no verbal agreements or understandings between the parties to this Agreement affecting this Agreement, and that this Agreement constitutes the sole agreement between the parties. 12. Mandatory Arbitration Notwithstanding the foregoing, and anything herein to the contrary, 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. WITNESS our signatures as of the day and date first above stated. _________________________________ (Name of Nonprofit Corporation) _____________________________ By_______________________________ _____________________________ ______________________________ Name & Signature of Employee (Name and Office in Corporation)

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