Fill and Sign the President Company Form

Employment Agreement with Vice President of Sales and Manufacturing of Company that Manufactures and Repairs Motorcycles Agreement made on the _____ day of _____________, 20_____, between _________________________________________ (Name of Business) , 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 Business ), and ______________________ (Name of Employee) of ________________________________________________________ _____________________________________ (street address, city, county, state, zip code) , referred to herein as Employee and/or Business . 1. Term and Nature of Employment The Employee shall enter into the employment of the Employer as Vice President of Sales and Manufacturing of the Employer at its place of business identified above. The term of this Agreement shall be for one year beginning ___________________ (commencement date) , and ending ____________________ (termination date) ; but subsequently shall automatically continue from month to month unless either party gives written notice to the other party that it shall expire on that date. However, either party may terminate this Agreement at any time by two week written notice to the other party. Any breach in the terms of this Agreement by Employee may result in immediate termination with verbal or written notice. 2. 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 Vice President of Sales and Manufacturing 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. 3. Duties The Employee shall, subject to the control of the Employer, oversee all manufacturing of custom built bike products, including the design of such bikes, attending motorcycle shows as necessary, train and oversee manufacturing personnel, and meet sales goals as set by Employer. Employee shall also employ such personnel as may be necessary and desirable, serve the Business diligently and according to his best abilities in all respects, and generally do all things for the best interests of the Business that are usually done by persons occupying a position as Vice President of Sales and Manufacturing of this type of business. 4. 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. 5. Termination for Cause The Employer may terminate the Employee's employment immediately for Cause. For purposes of this Agreement, Cause means: A. Any act or omission of the Employee constituting misconduct or negligence, fraud, misappropriation, embezzlement, conflict of interest or competitive business activities, including but not limited to any arrest on criminal charges; B. Any chemical dependence which materially adversely affects the performance of Employee's duties and responsibilities to the Employer; C. Breach of the Employee's fiduciary obligations to the Employer in a material respect; D. The Employee's repeated failure to perform the duties of Employee after written notice of the alleged failure and a reasonable opportunity to cure; E. The Employee's material breach of the Employer's policies or any material provision of this Agreement; or F. The Employee's gross misconduct resulting in substantial loss to the Employer or damage to the reputation of the Employer . 6. 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. 7. Nondisclosure of Information Concerning Business The 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 trade secrets of the Employer, including, but not limited to, the names of any of the Business’ 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 Business’ 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. 8 . Noncompetition On termination of this Agreement, Employee agrees that Employee will not engage in the business of a business development manager for an employer who sells or manufactures the same or similar products as Employer within a radius of ____________ miles from any office of Employer , for a period of ______ years. Employee agrees that this noncompetition section is necessary to protect Employer's business, and that Employee's violation of this paragraph would result in irreparable harm to Employer. If Employee breaches this paragraph, Employer shall be entitled to injunctive relief in addition to any other remedies legally available. This section shall survive termination of this Agreement. 9. 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. 10. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _________________. 11. Notices 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. 12 . 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. 13. 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. 14. 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. 15. 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. In this contract, 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) ________________________________ (P rinted name & Office in Corporation) ____________________________ _____________________________ (Signature of Employee) (Signature of Officer)