Exhibit 4.12
EMPLOYMENT AGREEMENT
by and between
QIAGEN,
Auf dem Wolf 39, 4052 Basel
- hereinafter QIAGEN -
and
Mr. Peer X. Xxxxxx
- hereinafter Employee -
1. Introduction
Xx. Xxxxxx is the Financial Controller of QIAGEN GmbH in Dusseldorf. Xx.
Xxxxxx is Director and Financial Controller of QIAGEN AG in Basel as well.
The following employment agreement relates exclusively to this activity.
2. Position and Function
Xx. Xxxxxx is directly responsible to and reports to the Board of
Directors. His main tasks are administration and finance.
3. Commencement, Duration and Conclusion of Employment Relationship
3.1 Commencement
Xx. Xxxxxx has been employed by QIAGEN AG since September 15, 1994.
3.2. Duration and Conclusion
The employment agreement is concluded for an indeterminate time period. The
employment agreement may be terminated at the end of any calendar month,
with three months notice communicated by registered letter. The Company
reserves the right to terminate Employee at any time if serious cause
exists.
4. Obligations of Xx. Xxxxxx
4.1 Fiduciary and Secrecy Obligations
Xx. Xxxxxx is obligated to perform all tasks in conjunction with the
aforementioned activities conscientiously and to be best of his abilities,
to safeguard DIAGEN's interests in every respect, and to maintain secrecy
on all confidential matters and activities. This secrecy obligation extends
in full measure wherever may be applicable to the time subsequent to
commencing employment.
4.2 Work Time
Xx. Xxxxxx' schedule shall be determined by the scope and urgency of
contingent activities, on average requiring one day per week.
5. QIAGEN AG Obligations
5.1 Salary
The Employee shall receive a gross monthly salary of FR 5,000.--(in
words five thousand francs). The Employee is not entitled to receive a
thirteenth salary. The gross salary includes all legally required
insurance contributions such as AHV, ALV, IV, EO and deductible
withholding tax. Since Xx. Xxxxxx shall perform his activities in
Germany and is sufficiently insured by BVG against all risks, he has no
additional obligation under BVG regulations.
5.2 Dependents Allowance
Xx. Xxxxxx' entitlement to claim a Dependents Allowance is expressly
regulated in his agreement with QIAGEN GmbH. According to the
aforementioned agreement, he shall not be entitled to receive a
Dependents Allowance.
5.3 Payment of Salary During Illness or Accident and Fulfillment of Legal
Obligations
The scope of salary payment during illness, accident and fulfillment of
legal obligations is also determined by the regulations governing the
forementioned
employment relationship contained within the agreement between QIAGEN
GmbH and Xx. Xxxxxx.
5.4 Expenses
Necessary expenditures and expenses in the interests of the firm as
well as compensation for the use of private auto for business purposes
shall be reimbursed according to the provisions relating to
compensation of expenses.
6. Final Provisions
6.1. Amendments and Supplements
Any future amendments of and/or supplements to the agreement shall be
in writing in order to acquire legal effect. For questions which have
not been addressed by either the present agreement or that between Xx.
Xxxxxx and QIAGEN GmbH, the provisions of Swiss Code of Obligations
(OR).
6.2 Disputes
In the case that disputes arise in conjunction with this agreement,
the contractual partners shall attempt to remedy these in an amicable
fashion. If this is not possible, the applicable court of jurisdiction
shall be the city of Basel.
6.3 Integrated Component of Employment Agreement
Provisions on compensation of expenses and holidays form an integral
component of this employment agreement.
Basel, May 29, 1998 QIAGEN A.G.
/s/ Peer X. Xxxxxx /s/ Xxxxxxx Xxxxxxx
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Peer X. Xxxxxx General Manager
___________________________ /s/ Xxxxxx Xxxxxx
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Finance & Administration
Manager
