1
EXHIBIT 10.5
EMPLOYMENT AGREEMENT
This Employment Agreement ("this Agreement") is made effective as of July 19,
1999, by and between Chicken Kitchen Corporation, ("the Employer"), of 0000
Xxxxxxx Xxx., Xxxxx 000, Xxxxx Xxxxx, Xxxxxxx 00000, and Xxxxxx X. Xxxxx, Xx.,
("the Employee"), of 000 X.X. 000 Xx., Xxxxx Xxxxxxx, Xxxxxxx 00000.
A. Employer is engaged in the business of Quick Service
Restaurant operation and Franchisor
B. Employer desires to have the services of Employee.
C. Employee is willing to be employed by Employer.
Therefore, the parties agree as follows:
1. EMPLOYMENT. Employer shall employ Employee as a Executive Vice President to
establish strategic controls for the operation of the restaurants and franchise
program, participate in establishing corporate mission and long term
organizational structure, and prepare all financial reports, analyses, and
projections. Employee accepts and agrees to such employment, subject to the
general supervision, advice and direction of Employer and the Employer's
supervisory personnel. Employee shall also perform (i) such other duties as are
customarily performed by an employee in a similar position, and (ii) such other
and unrelated services and duties as may be assigned to Employee from time to
time by Employer.
2. BEST EFFORTS OF EMPLOYEE. Employee agrees to perform faithfully,
industriously, and to the best of Employee's ability, experience, and talents,
all of the duties that may be required by the express and implicit terms of this
Agreement, to the reasonable satisfaction of Employer. Such duties shall be
provided at Miami Beach, Florida and at such other place(s) as the needs,
business, or opportunities of the Employer may require from time to time.
3. COMPENSATION OF EMPLOYEE. As compensation for the services provided by
Employee under this Agreement, Employer will pay Employee $4,000.00 per Month.
This amount shall be paid in accordance with the Employer's usual payroll
procedures. Upon termination of this Agreement, payments under this paragraph
shall cease; provided, however, that the Employee shall be entitled to payments
for periods or partial periods that occurred prior to the date of termination
and for which the Employee has not yet been paid.
4. REIMBURSEMENT FOR EXPENSES IN ACCORDANCE WITH EMPLOYER POLICY. The Employer
will reimburse Employee for "out-of-pocket" expenses in accordance with Employer
policies in effect from time to time.
5. RECOMMENDATIONS FOR IMPROVING OPERATIONS. Employee shall provide Employer
with all information, suggestions, and recommendations regarding Employer's
business, of which Employee has knowledge, that will be of benefit to Employer.
6. CONFIDENTIALITY. Employee recognizes that Employer has and will have
information regarding the following:
- products
- future plans
- business affairs
2
Employee:
Xxxxxx X. Xxxxx, Xx.
000 X.X. 000 Xx.
Xxxxx Xxxxxxx, Xxxxxxx 00000
Such addresses may be changed from time to time by either party by providing
written notice in the manner set forth above.
13. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the
parties and there are no other promises or conditions in any other agreement
whether oral or written. This Agreement supersedes any prior written or oral
agreements between the parties.
14. AMENDMENT. This Agreement may be modified or amended, if the amendment is
made in writing and is signed by both parties.
15. SEVERABILITY. If any provisions of this Agreement shall be held to be
invalid or unenforceable for any reason, the remaining provisions shall continue
to be valid and enforceable. If a court finds that any provision of this
Agreement is invalid or unenforceable, but that by limiting such provision it
would become valid or enforceable, then such provision shall be deemed to be
written, construed, and enforced as so limited.
16. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any
provision of this Agreement shall not be construed as a waiver or limitation of
that party's right to subsequently enforce and compel strict compliance with
every provision of this Agreement.
17. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of
Florida.
Employer:
Chicken Kitchen Corporation
By: /s/ Xxxxxxxxx xx Xxxxxxxxx
Xxxxxxxxx xx Xxxxxxxxx
President
Employee:
By: /s/ Xxxxxx X. Xxxxx, Xx.
Xxxxxx X. Xxxxx, Xx.
