THIS AGREEMENT is made on the …………. day of……….20……., entered into by the Company and the Employee (Company and Employee collectively referred to as the “Parties” or individually as the “Party”) and includes that Party’s successors and assigns.
In consideration of covenants and agreements contained in this agreement, and other good and valuable consideration, the receipt of which is hereby acknowledged, Parties agree to the following terms and conditions and to be bound thereby:
COMMENCEMENT AND DURATION
This agreement shall be valid from _________________________until _________________________.
The Employee accepts employment with the Company on the terms and conditions outlined in this contract and agrees to devote his time and attention to the professional performance of his duties. Specifically, the Employee agrees to be subjected to and obey all predetermined “core values” imposed by the Company.
The Company shall pay the Employee $____________________for their services.
EMPLOYEE REPRESENTATIONS AND WARRANTIES.
The Employee represents and warrants to the Company the following:
There is no employment contract or other contractual obligation to which the Employee is subject, which prevents the Employee from entering into this contract or performing the Employee’s duties entirely under this contract.
LIABILITY OF THE PARTIES
A Party shall be compensated for damages caused by the other Party.
No Party shall be held liable for any damages, where:
the damage has been occasioned by the other Party, their representatives, employees, or agents, and
the damage has been caused by an event beyond the control of the Party, e.g., force majeure or accidents, provided that the Party has taken all reasonable precautions, due care, reasonable alternative measures, and minimal delay all to carry out the terms of this agreement.
The Company shall not be liable for any damages incurred by the Employee under this agreement unless otherwise stated. The Employee hereby indemnifies and holds harmless the Company and any party who may claim through the Company against any claims arising from this agreement unless otherwise expressed.
Breach of this agreement by the Employee may attract an annual fine of $500 in donations payable to the Company.
The Employee shall not be entitled to reimbursement for any expenses except those previously approved in writing by the Company.
The Employee shall not interfere with the Company’s relationship with, or endeavor to entice away from the Company, the Company’s clients, or any person who had a material business relationship with the Company in the duration of this agreement.
The Employee shall not directly or indirectly engage in the businesses in which the Company engages in or in which the Company has an actual intention, as evidenced by the Company’s written business plans, to engage in, within any geographic area in which the Company is then conducting such business for (2) years after the termination of this agreement.
Any intellectual property and associated rights owned or developed by the Company, solely or jointly with others, during the subsistence of this agreement, are the Company’s exclusive property. The Employee will enjoy a non-exclusive, limited use license of the Company’s intellectual property.
The Employee shall not transfer or assign this agreement without the Company’s consent. However, the Company may transfer or assign this agreement or subcontract its obligations hereunder at any time without the Employee’s consent. If the Company does so, anyone to whom the Company transfers, assigns, or subcontracts any or all of its obligations will have all of the Company’s rights to such obligations.
RETURN OF THE PROPERTY
Upon the expiration or termination of this agreement, the Employee will return to the Company any property, documentation, records, or confidential information that is the Company’s property.
Mediation shall resolve any dispute under this agreement. Parties shall act in good faith to resolve the dispute. Nothing in this section shall be construed as limiting the Court’s jurisdiction.
Either Party may terminate this agreement at any time upon breach of the contract by the other Party.
Either Party may terminate this agreement at any time if both Parties agree to the termination in writing.
Otherwise than for breach or through consent, either Party may terminate this agreement upon giving the other Party no less than thirty (30) days’ notices in writing. Suppose the Employee wishes to terminate the contract with less than thirty (30) days’ notices. In that case, the Company reserves the right to charge costs that have already been paid in advance or incurred by the Company on the Employee’s behalf.
The termination of this agreement shall not discharge the liabilities accumulated by either Party.
Any Clauses intended by the Parties or this agreement to survive the termination of this agreement shall survive the termination of this agreement by whatever cause.
The Employee shall not at any time disclose, directly or indirectly to any other person whatsoever (including to the public or any section of the public) any information concerning this agreement or any additional information of any nature whatsoever concerning the Company, whether such information or matter is stated to be confidential or not, without the express written permission of the Company.
The Employee acknowledges that they have been provided with the opportunity to negotiate this agreement and to seek legal counsel before signing this agreement. In addition, the Employee acknowledges that the restrictions imposed are fair, reasonable, and necessary to protect the Company’s legitimate business interests and will not place an undue burden upon their livelihood in the event of enforcement of the restrictions.
The provisions of this agreement are severable. If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision.
This agreement constitutes the entire agreement between the parties. It supersedes all prior oral or written agreements or understandings between the parties concerning the subject matter of this agreement. If any ambiguity is found in the agreement or various documents forming this agreement, the Company shall issue any necessary clarification or instruction. The Parties will exercise utmost good faith in this agreement.
Parties may alter this agreement subject to a written document signed by all Parties.
Except where otherwise provided, failure by either Party to enforce any of these terms or conditions shall not be a waiver of their right to enforce them.
This agreement may be executed in counterparts, each of which shall be an original, all of which shall constitute the same instrument.
All documents annexed to this agreement shall be subject to the terms under this agreement, provided that the Parties append their signatures on the documents.
The article and section headings in this agreement are for convenience; they form in no part of this agreement and shall not affect its interpretation.
Any reference to the singular includes the plural and vice versa, and the male gender includes the female gender and vice versa.
Parties shall be served through the following addresses; either Party may change their addressees by reasonable written notice given to the other Party.
THE COMPANY: ___________________________________________
THE EMPLOYEE: ___________________________________________
This agreement shall be governed in all respects by the _______________________State Laws.
IN WITNESS WHEREOF, each of the Parties has executed this agreement as of the day and year set forth below.
Signed by the duly authorized representative of the COMPANY Signature: Name: Designation: Date:………………………………………
Signed by the EMPLOYEE
Signature : Name: Date:…………………………………………….……
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