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A business form called an employment agreement
which an employer agrees to employ an employee and outlines
the employees duties, duration of employment, compensation,
nondisclosure agreement and option to terminate.
This Agreement made and entered into this __(1)__ day of
_________(2)_________, 19__(3)_, by and between ______(4)_______,
of ________(5)__________, hereinafter referred to as "employer",
and ______(6)___________, of _________(7)____________, hereinafter
referred to as "employee".
The parties recite that:
A. Employer is engaged in _________(8)___________ and maintains
business premises at _________(9)_____________.
B. Employee is willing to be employed by employer, and employer
is willing to employ employee, on the terms and conditions
hereinafter set forth.
For the reasons set forth above, and in consideration of
the mutual covenants and promises of the parties hereto, employer
and employee covenant and agree as follows:
1.AGREEMENT TO EMPLOY AND BE EMPLOYED
Employer hereby employs employee as _______(10)________ at
the above-mentioned premises, and employee hereby accepts
and agrees to such employment.
2. DESCRIPTION OF EMPLOYEE'S 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 OF EMPLOYEE'S DUTIES
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 hereof, to the reasonable satisfaction
of employer. Such duties shall be rendered at the abovementioned
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. DURATION OF EMPLOYMENT
The term of employment shall be __(11)__ years, commencing
on _______(12)________, 19__(13)_, and terminating _______(14)________,
19__(15)_, subject, however, to prior termination as provided
in Sections 8 and 9 hereof.
5. COMPENSATION; REIMBURSEMENT
Employer shall pay employee and employee agrees to accept
from employer, in full payment for employee's services hereunder,
compensation at the rate of ____(16)______ Dollars ($________)
per annum, payable ____(17)____. 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 the employer pursuant to employer's directions.
6. EMPLOYEE'S LOYALTY TO EMPLOYER'S INTERESTS
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
expressly agrees that during the term hereof 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 herein contained 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 herein contained
by deemed to prevent employee from investing or limit employee's
right to invest his surplus funds in real estate.
7. NONDISCLOSURE OF INFORMATION CONCERNING BUSINESS
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, without limitation, 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 hereby 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. OPTION TO TERMINATE ON PERMANENT DISABILITY OF EMPLOYEE
Notwithstanding anything in this agreement to the contrary,
employer is hereby given the option to terminate this agreement
in the event that during the term hereof employee shall become
permanently disabled, as the term "permanently disabled"
is hereinafter fixed and defined. Such option shall be exercised
by employer giving notice to employee by registered mail,
addressed to him 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 hereof 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 hereof, because of ill health, physical
or mental disability, or for other causes beyond his control,
he shall have been continuously unable or unwilling or have
failed to perform his duties hereunder for thirty (30) consecutive
days, or if, during any year of the term hereof, he shall
have been unable or unwilling or have failed to perform his
duties for a total period of thirty (30) days, whether consecutive
or not. For the purposes hereof, the term "any year of
the term hereof" is defined to mean any period of 12
calendar months commencing on the first day of _____(18)______
and terminating on the last day of ____(19)_____ of the following
year during the term hereof.
9. DISCONTINUANCE OF BUSINESS AS TERMINATION OF EMPLOYMENT
Anything herein contained to the contrary notwithstanding,
in the event that employer shall discontinue operations at
the premises mentioned above, 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
10. EMPLOYEE'S COMMITMENTS BINDING ON EMPLOYER ONLY ON WRITTEN
Employee shall not have the right to make any contracts or
other commitments for or on behalf of employer within the
written consent of employer.
11. CONTRACT TERMS TO BE EXCLUSIVE
This written agreement contains the sole and entire agreement
between the parties, and supersedes any and all other agreements
between them. 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 the
execution and delivery hereof except such representations
as are specifically set forth herein, and each party acknowledges
that he or it has relied on his or its own judgment in entering
into the agreement. The parties further acknowledge that any
statements or representations that may have heretofore been
made by either of them to the other are void and of no effect
and that neither of them has relied thereon in connection
with his or its dealings with the other.
12. WAIVER OR MODIFICATION INEFFECTIVE UNLESS IN WRITING
No waiver or modification of this agreement or of any covenant,
condition, or limitation herein contained shall be valid unless
in writing and duly executed by the party to be charged therewith.
Furthermore, 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
hereunder, unless such waiver or modification is in writing,
duly executed as aforesaid. The provisions of this paragraph
may not be waived except as herein set forth.
13. CONTRACT GOVERNED BY LAW
This agreement and performance hereunder and all suits and
special proceedings hereunder shall be construed in accordance
with the laws of the State of _______(20)_______.
14. BINDING EFFECT OF AGREEMENT
This agreement shall be binding on and inure to the benefit
of the respective parties and their respective heirs, legal
representatives, successors, and assigns.
Executed on the date first above written.
The information in this document is designed to provide an
outline that you can follow when formulating business or personal
plans. Due to the variances of many local, city, county and
state laws, we recommend that you seek professional legal
counseling before entering into any contract or agreement.
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