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This
Agreement made and entered into this ______ day of __________,
19__,
by and between __________ ("employer"), and
__________ ("employee"). The
parties recite that:
A.
Employer is engaged in __________ and maintains business
premises at
__________.
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 __________ 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 _____ years, commencing
on ________,
19___, and terminating ________, 19_____,subject, however,
to prior
termination as otherwise provided herein.
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 __________ Dollars ($_____) per annum,
payable __________.
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
Not withstanding 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 _____ and terminating on the last day of __________
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 hereof.
10.
EMPLOYEE'S COMMITMENTS BINDING ON EMPLOYER ONLY ON WRITTEN
CONSENT
Employee shall not have the right to make any contracts
or other
commitments for or on behalf of employer without 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 shall be construed
in
accordance with the laws of the State of __________.
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.
__________, Employer
__________,
Employee
[Note:
As always, realize this is just a general form and should
be
modified for your particular location/circumstances -
staff]
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