EMPLOYMENT AGREEMENT by and between QIAGEN GmbH, Max-Volmer-Str. 4, 40724 Hilden - hereinafter QIAGEN - and Dr. Joachim Schorr - hereinafter Employee -
Exhibit 4.21
by and between
QIAGEN GmbH,
Xxx-Xxxxxx-Xxx. 0, 00000 Xxxxxx
- hereinafter QIAGEN -
and
Xx. Xxxxxxx Xxxxxx
- hereinafter Employee -
Article 1
Commencement of the Employment Relationship
(1) | Xx. Xxxxxx commenced employment July 1, 1992. Employment to date shall be credited towards seniority. |
Article 2
Job Description
(1) | Xx. Xxxxxx shall assume the responsibilities of Vice President, Research and Corporate Development for QIAGEN on June 1, 1999. He shall perform all tasks in conjunction with the aforementioned activities. A discussion has ensured that details of these activities have been communicated. |
(2) | Xx. Xxxxxx shall report directly to Xx. Xxxxx Xxxxxx. |
(3) | The Company reserves the right to assign to Xx. Xxxxxx a different field of tasks that corresponds to his education and his abilities with his remuneration remaining unchanged. |
(4) | The right of termination due to a change of contract shall remain unaffected. |
Article 3
Work Deployment
(1) | Xx. Xxxxxx’x weekly work period shall comprise 39 hours. |
(2) | Xx. Xxxxxx agrees to perform the tasks assigned to him during his activities conscientiously and to be best of his abilities, and to safeguard QIAGEN’s interests in every respect. Xx. Xxxxxx agrees in particular to comply with all legal and corporate safety regulations. |
(3) | Xx. Xxxxxx shall be ready and willing to work overtime and extra hours within the framework of operational requirements. |
Article 4
Ancillary Activities and Lectures
(1) | Any independent or task-related ancillary activity by Xx. Xxxxxx shall require the prior written approval of QIAGEN. QIAGEN shall grant such approval if the ancillary activity does not violate QIAGEN’s interests. |
(2) | Lectures and publications shall also require approval of QIAGEN if QIAGEN’s interests are touched. The subject and relevant content shall be reviewed by a Superior for his approval. |
(3) | Xx. Xxxxxx promises to assume positions of responsibility for the group companies associated with QIAGEN. He agrees to perform the responsibilities conferred upon him conscientiously and to be best of his abilities, and to safeguard QIAGEN’s interests in every respect. |
Article 5
Salary
(1) | Xx. Xxxxxx shall receive a gross monthly salary of DM 20,834 commencing on June 1, 1999. This contractual gross salary explicitly includes remuneration for the activities provided to QIAGEN and its associated companies; |
(2) | In addition, Xx. Xxxxxx shall receive benefits in the form of contributions to an Employee stock investment plan in the gross amount of DM 52.00 per month. |
(3) | Xx. Xxxxxx shall receive an annual completion bonus in the amount of DM 90,000 by 100% completion of objectives. Milestones for goal achievement are newly redefined every calendar year. |
(4) | The salary including any supplemental bonuses, etc. shall be transferred in non-cash form at the end of each month to an account to be named by Xx. Xxxxxx. |
Article 6
Vacation Pay
(1) | Xx. Xxxxxx shall receive voluntary vacation pay together with his June salary in the amount of DM 35.00 per vacation day as set forth in Article 12. |
Article 7
Salary Pledge and/or Assignment
(1) | Xx. Xxxxxx may pledge or assign his remuneration claims to any third parties only with the prior approval of QIAGEN. |
(2) | Xx. Xxxxxx shall bear the actual costs of the pledge, if granted, in an amount not less than DM 10.00 per payment to the pledge creditor. |
Article 8
Travel Expenses
The travel guidelines of QIAGEN in their valid version shall be complied with.
Article 9
Insurance
(1) | QIAGEN shall include Xx. Xxxxxx in the existing group accident insurance. The insurance amount in the event of death shall be DM 50,000.00, in the event of disability, DM 200,000.00. |
(2) | Beneficiary from the insurance shall be Xx. Xxxxxx in the event of disability; in the event of death, the person designated by Xx. Xxxxxx. If no person has been designated, the beneficiary shall be the spouse, otherwise the other legal heirs. |
Article 10
Secrecy Obligation
(1) | Xx. Xxxxxx agrees to maintain secrecy on all confidential matters and activities, in particular on business and operational secrets, that he gains knowledge of within the framework of his activities during his employment as well as after his leaving the employment relationship. The secrecy obligation shall also apply to the salary agreement as concluded. |
(2) | The aforementioned secrecy obligation shall not only apply vis-à-vis any external third parties but also vis-à-vis other Employees of QIAGEN to the extent that the latter are not authorized to receive such information by way of their official activities. |
(3) | The provisions of the Data Protection Act must be complied with. |
Article 11
Obligation to Provide Information
Xx. Xxxxxx will inform his superiors and the management also, if necessary, about all activities in his area of responsibility, to the extent that this knowledge is of importance to superiors, e.g. in order to avoid damages or carry out improvements. The above applies also to observations and information outside of his own direct area of responsibility.
Article 12
Vacation
(1) | QIAGEN shall grant Xx. Xxxxxx 30 days of vacation in the calendar year. |
(2) | The vacation shall be coordinated with his superior and the [other] Employees. |
(3) | Xx. Xxxxxx shall provide QIAGEN with his vacation address. |
(4) | Any vacation not taken shall be forfeited on March 31 of the subsequent year. |
Article 13
Inability to Work
(1) | Xx. Xxxxxx is required to notify QIAGEN without delay of any inability to work, in particular of any disability and its anticipated duration. Upon request, the reasons for the inability to work shall be disclosed. In the event of any deadlines, Xx. Xxxxxx shall point out any work requiring preferential attention. |
(2) | If the inability to work lasts longer than 3 calendar days, Xx. Xxxxxx shall submit a doctor’s attestation of the existence of the inability to work as well as its anticipated duration not later than on the following workday. If the inability to work lasts longer than indicated by the doctor’s attestation, Xx. Xxxxxx is required to submit a new attestation without delay. |
(3) | If Xx. Xxxxxx is prevented from performing his duties because of disability due to illness that is not his fault, he shall not lose his claim to compensation for the period of his inability to work up to a period of 6 weeks. |
(4) | In the event of approval of a recuperative, rehabilitative or other health measure, Xx. Xxxxxx shall present an attestation without delay regarding the approval and duration of treatment as well as any other relevant information. |
Article 14
Assignment
(1) | If, based on legal prescriptions, Xx. Xxxxxx can claim damages from any third party due to loss of wages incurred by him because of his inability to work, such claim shall be transferred to QIAGEN to the extent that QIAGEN has continued to pay Xx. Xxxxxx’x remuneration as well as any contributions to the social securities that QIAGEN is required to bear. |
(2) | Xx. Xxxxxx shall provide QIAGEN without delay with any information necessary for the assertion of such damage claims. |
Article 15
Duration of the Employment Agreement
(1) | The employment agreement is concluded for an indeterminate time period. |
(2) | A probation period has intentionally been dispensed with. The employment agreement may be terminated at the end of any quarter, with three months notice. The period for providing notice shall be extended in accordance with the legal provisions. Any extension of the period of notice for the Employer shall be matched in equal time by an extension of the period of notice on the part of Xx. Xxxxxx. |
(3) | Any termination shall have to be given in writing. Transmission of a signed fax shall be deemed to be in compliance with the written requirement. |
(4) | QIAGEN shall have the right to release Xx. Xxxxxx after notice has been given, honoring any residual vacation claims. |
(5) | The employment agreement shall end, without any notice of termination being required, with the expiration of the month in which Xx. Xxxxxx receives a disability pension. In the same manner, the employment agreement shall end with the expiration of the month in which Xx. Xxxxxx receives an old-age pension. At the latest, the employment agreement shall end with the expiration of the month in which Xx. Xxxxxx reaches age 65. |
(6) | The right to terminate without notice shall remain unaffected. Any termination without notice shall at the same time be deemed a precautionary termination given within the legally prescribed time limits. |
Article 16
Contractual Penalty
If in violation of the agreement, Xx. Xxxxxx terminates his activities prematurely, is terminated without notice, or violates the secrecy obligations set forth in Article 10, he shall have to pay a contractual penalty in the amount of one gross monthly salary pursuant to Article 5. QIAGEN shall have the right to assert further damages.
Article 17
Return of Business Records
(1) | All business and work records regardless of their nature, including data-processing programs and the like, shall remain the property of the Company. Removal from the business premises shall be permitted only with the approval of superiors. |
(2) | Xx. Xxxxxx shall have no right of retention. |
Article 18
Expiration Date
All claims arising from this employment relationship shall be forfeited unless they are asserted in writing not later than six months following their coming into being and, in the event they are refused by the other party, unless they are asserted in court within two months after communication of the refusal.
Article 19
Final Provisions
(1) | The parties have concluded no other agreements with the exception of the ones set forth above. |
(2) | Any future amendments of and/or supplements to the agreement shall be in writing in order to acquire legal effect. This shall apply to the preceding sentence as well. |
(3) | If any provision of this contract should be or become ineffective, the legal validity of the remaining provisions shall not be affected thereby. In lieu of the invalid provision, the parties agree to concur on a provision that comes the closest, in economic terms, to the invalid one. The same shall apply in the event of a loophole, or if any individual provisions should be or become impracticable. |
Hilden, June 22, 1999 |
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QIAGEN GmbH |
Employee | |||
In representation of |
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/s/ XX. XXXXX XXXXXX |
Xxxxxxx Xxxxxx |
/s/ XX. XXXXXXX XXXXXX | ||
Xx. Xxxxx Xxxxxx |
Xxxxxxx Xxxxxx |
Xx. Xxxxxxx Xxxxxx |