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EXHIBIT 10.55
EMPLOYMENT AGREEMENT
EMPLOYMENT AGREEMENT ("Agreement") as of March 2, 1998 between
GARGOYLES, INC., a Washington corporation with offices at 0000 Xxxxx 000xx
Xxxxxx, Xxxx, Xxxxxxxxxx 00000 ("Gargoyles") and XXXXXXX X. XXXXXX, XX., an
individual with a principal residence at 00 Xxx Xxxx, Xxxxxx, Xxxxxxxxxxxxx
00000 ("Xxxxxxx")
WHEREAS, Xxxxxxx and Gargoyles Acquisition Corporation 11, a/k/a Private
Eye Sunglass Corporation ("GAC"), a wholly-owned subsidiary of Gargoyles have
terminated their prior Employment Agreement dated as of May 14, 1997 ("PEA"),
and have settled all disputes arising therefrom, but wish to enter into this
Agreement which, for convenience, may incorporate by reference certain
provisions of the PEA (substituting Gargoyles for GAC); in consideration of the
mutual covenants and conditions set forth herein, the parties agree as follows:
1. Employment Duties. Subject to the terms and conditions hereof,
Gargoyles hereby employs Xxxxxxx to perform the following duties: Xxxxxxx will
continue to render executive level services at GAC under the direct supervision
of Xx. Xxx Xxxxxxxxxxx, Chief Executive Officer of Gargoyles, and shall not be
obligated to report to any other person.
2. Term, Termination. This Agreement commences as of March 2, 1998 and
will terminate on May 1, 1998, unless sooner terminated by either party by
written notice, which may be given at any time. The effective date of
termination by written notice shall be fifteen (15) days from the date of such
notice; except that, if Gargoyles fails to pay the salary due to Xxxxxxx on
April 1, 1998, termination by written notice shall be effective on such date.
Termination by written notice may be for any reason and shall be without
liability of either party to the other (except for Richard's refund obligations
as stated below).
3. Salary. Upon execution hereof, Gargoyles shall pay Xxxxxxx in xxxxx
wages, subject to withholdings, the first monthly salary of $14,584. If no
notice of termination has been given, Gargoyles shall pay Xxxxxxx on April 1,
1998 in gross wages, subject to withholdings, the second monthly salary of
$14,584. If notice of termination is given by Xxxxxxx at any time after he has
received a salary payment, Xxxxxxx will refund on a per diem basis any amounts
applicable to the period after the effective date of termination. If Gargoyles
gives notice that is effective within the period of April 1 through April 15,
1998, the second month salary payment shall be pro rated on a per diem basis for
the period from April 1, 1998 through the effective date of termination.
Notwithstanding anything herein to the contrary, in the event that Xxxxxxx dies
or is disabled such that he is unable to perform his duties hereunder for the
balance of the term, neither he nor his legal representative shall be obligated
to make any refunds of salary, and any unearned amounts shall be deemed
nonrefundable severance benefits.
4. Benefits, Etc.. The following Sections of the PEA are hereby
incorporated herein by reference: 5.1 ("Expenses"), 5.4 ("Company Benefits") and
5.5 ("Vacation; Sick Leave").
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5. Noncompetition Restrictions. Notwithstanding anything that may be
construed herein to the contrary (or be deemed in any way to have survived the
termination of the PEA), Gargoyles hereby acknowledges and agrees that Xxxxxxx
is subject to no restrictions on his rights to be employed or engaged by, or an
investor or participant of any kind in, or a provider of services of any kind
to, any person, entity or agency that offers or provides services or products
that compete in any way with any products or services of Gargoyles or any of its
subsidiaries, affiliates or licensees, after the effective date of termination
hereof.
6. Non-Disclosure Obligations. Subject to Section 5 hereof, Xxxxxxx
acknowledges that his obligations under the PEA concerning confidential
information and inventions survive the termination of the PEA and remain in full
force and effect.
7. Support. Gargoyles agrees that Xx. Xxxxxx Xxxxxx and Xx. Xxxxxxx
Xxxxxx will work under Richard's supervision during the term of this Agreement
(as well as under the supervision of Ms. Xxxxxxxx Xxxxx) and neither Gargoyles
nor any of its subsidiaries or affiliates will terminate their employment during
the term hereof. Xx. Xxxxxx Xxxxxx and Xx. Xxxxxxx Xxxxxx are deemed intended
third party beneficiaries of this obligation.
8. Miscellaneous. The following sections of the PEA are incorporated
herein by reference: Sections 10 through 18.
EXECUTED as an instrument under seal as of the date first written above.
GARGOYLES, INC.
/S/ XXXXXXX X. XXXXXX, XX. By: /S/ XXX XXXXXXXXXXX
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Xxxxxxx X. Xxxxxx, Xx. Xxx Xxxxxxxxxxx,
its Chief Executive Officer