EXHIBIT 10.8
EMPLOYMENT, CONFIDENTIALITY AND NONCOMPETE AGREEMENT
This Employment, Confidentiality and Noncompete Agreement ("Agreement") is
made and entered into effective as of the 7th day of March, 2004, by and between
Build-A-Bear Workshop, Inc., a Delaware corporation ("Company"), and Xxxxx Xxxx
("Employee").
WHEREAS, Company desires to employ and Employee desires to be employed as
the Chief Workshop Officer of Company.
WHEREAS, Company has pioneered the retail concept of "make your own" stuff
plush toys, including animals and dolls, and is engaged in, among other things,
the business of production, marketing, promotion and distribution of plush stuff
toys, clothing, accessories and similar items, including without limitation, the
ownership, management, franchising, leasing and development of retail stores in
which the basic operation is the selling of such items, and the promotion of the
related concepts and characters through merchandising and mass media. The
Company is headquartered and its principal place of business are located in, and
this Agreement is being signed in, St. Louis, Missouri.
WHEREAS, Company conducts business in selected locations throughout the
United States and internationally through franchise arrangements.
WHEREAS, Company has expended a great deal of time, money and effort to
develop and maintain its proprietary Confidential Information (as defined
herein) which is material to Company and which, if misused or disclosed, could
be very harmful to Company's business.
WHEREAS, the success of Company depends to a substantial extent upon the
protection of its Confidential Information and goodwill by all of its employees.
WHEREAS, Company compensates its employees to, among other things, develop
and preserve goodwill with its customers, landlords, suppliers and partners on
Company's behalf and business information for Company's ownership and use.
WHEREAS, if Employee were to leave Company, Company, in all fairness, would
need certain protections in order to prevent competitors of Company from gaining
an unfair competitive advantage over Company or diverting goodwill from Company,
or to prevent Employee from misusing or misappropriating the Confidential
Information.
NOW, THEREFORE, in consideration of the compensation and other benefits of
Employee's employment by Company and the recitals, mutual covenants and
agreements hereinafter set forth, Employee and Company agree as follows:
1. Employment Services.
(a) Employee is hereby employed by Company, and Employee hereby
accepts such employment, upon the terms and conditions hereinafter set forth.
Employee shall serve
as Chief Workshop Officer, during the Employment Period, on a full-time basis.
Employee shall carry out such duties as are assigned to him by Company's
President and Chief Executive Officer.
(b) Employee agrees that throughout Employee's employment with
Company, Employee will (i) faithfully render such services as may be delegated
to Employee by Company, (ii) devote substantially all of Employee's entire
business time, good faith, best efforts, ability, skill and attention to
Company's business, and (iii) follow and act in accordance with all of the
rules, policies and procedures of Company, including but not limited to working
hours, sales and promotion policies, and specific Company rules. Company further
agrees that it shall not during the Initial Term of this Agreement require
Employee to relocate his residence outside of the St. Louis metropolitan area.
(c) "Company" means Build-A-Bear Workshop, Inc. or one of its
Subsidiaries, whichever is Employee's employer. The term "Subsidiary" means any
corporation, joint venture or other business organization in which Build-A-Bear
Workshop, Inc. now or hereafter, directly or indirectly, owns or controls more
than fifty percent (50%) interest.
2. Term of Employment. The term of this Agreement shall commence on the
date first set forth above, and shall end on the third anniversary hereof,
unless sooner terminated as provided in Section 4 hereof (the "Initial Term").
Following the Initial Term, this Agreement shall automatically renew for
successive one-year periods (each a "Renewal Period"; collectively, the Initial
Term and each Renewal Period, the "Employment Period"), unless sooner terminated
as provided in Section 4 hereof.
3. Compensation.
(a) Base Salary. During the Employment Period, Company shall pay
Employee as compensation for his services an annual base salary of not less than
Two Hundred Ninety-Three Thousand Dollars ($293,000), payable in accordance with
Company's usual practices. Employee's annual base salary rate shall be reviewed
by Company's Compensation Committee at least annually for increase following
each fiscal year so that Employee's salary will be commensurate for similarly
situated executives with firms similarly situated to Company; provided, however,
that if Employee's individualized performance targets (set for each fiscal year
by Employee and Employee's team leader) are achieved, Employee's annual base
salary rate shall not be subject to decrease at any time during the Employment
Period and shall be subject to annual increase by no less than the average
percentage increase given to all other Company executive employees for such
fiscal year (the "Average Increase").
(b) Bonus. Should Company exceed its sales, profits and other
objectives for any fiscal year, Employee shall be eligible to receive a bonus
for such fiscal year as determined by the Compensation Committee of the Board of
Directors. For the current fiscal year, Employee will participate in the Chiefs
Bonus Plan previously approved by the Compensation Committee of the Board of
Directors. In future years, such bonus opportunity will not be less than fifty
percent (50%) of Employee's annual base pay for such fiscal year. Any bonus
payable to Employee will be payable in cash, stock or stock options, or
combination thereof, all as determined by the Board of
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Directors or any duly authorized committee thereof, and unless a different
payout schedule is applicable for all executive employees of the Company, any
such bonus payment will be payable in a single, lump sum payment. For the
current fiscal year, and in the event of termination of this Agreement because
of Employee's death or disability (as defined by Section 4(b)), termination by
the Company without Cause pursuant to Section 4.1(c), or pursuant to Employee's
right to terminate this Agreement for Good Reason under Section 4.1(d), the
bonus criteria shall not change and any bonus shall be pro-rated based on the
number of full calendar weeks during the applicable fiscal year during which
Employee was employed hereunder.
Such bonus, if any, shall be payable after Company's accountants have
determined the sales and profits and have issued their audit report with respect
thereto for the applicable fiscal year, which determination shall be binding on
the parties. Any such bonus shall be paid within one hundred twenty (120) days
after the end of each calendar year or thirty (30) days after the issuance of
the auditor's report, whichever is later, regardless of Employee's employment
status at the time payment is due.
(c) Stock Options. Employee had previously been granted options to
purchase 45,000 shares of Company's common stock (the "Common Stock"), pursuant
to the terms set forth more particularly in the Option Agreements used in
connection with the Build-A-Bear Workshop, Inc. 2000 Stock Option Plan (or any
successor plan) (the "Plan"). For 2004, Employee shall be granted options to
purchase an additional 20,000 shares pursuant to the Plan and the applicable
Option Agreements. It is intended that such options will be granted pursuant to
the Plan, and will be incentive stock options. Future options to purchase the
Common Stock may be granted upon the recommendation of the Chief Executive
Officer, in her discretion, and approval of the Compensation Committee.
(d) Discounts. Employee and his immediate family will be entitled to
a 20% discount for all merchandise purchased at Company's stores.
(e) Vacation. Employee shall be entitled to paid vacation and paid
sick leave on the same basis as may from time to time apply to other Company
executive employees generally. Vacations will be scheduled with the approval of
Company's President and Chief Executive Officer, who may block out certain
periods of time during which vacations may not be taken, including preceding
Valentine's Day, preceding Easter, from November 1 through December 31, during
Company inventory, and just prior to store openings. One-third of one year's
vacation (or any part of it) may be carried over to the next year; provided that
such carry over is used in the first calendar quarter of the next year. Unless
approved by the Chief Executive Bear or President and Chief Operation Officer
Bear, all unused vacation shall be forfeited. No more than two weeks of vacation
can be taken at one time. Employee shall also be entitled to one (1) additional
day per calendar year of paid vacation to be taken in the month of his birthday.
(f) Other. Employee shall be eligible for such other perquisites as
may from time to time be awarded to Employee by Company payable at such times
and in such amounts as Company, in its sole discretion, may determine. All such
compensation shall be subject to customary withholding taxes and other
employment taxes as required with respect thereto.
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Employee shall also qualify for all rights and benefits for which Employee may
be eligible under any benefit plans including group life, medical, health,
dental and/or disability insurance or other benefits ("Welfare Benefits") which
are provided for employees generally at his then current location of employment.
4. Termination of Employment. Prior to the expiration of the Employment
Period, this Agreement and Employee's employment may be terminated as follows:
(a) Upon Employee's death;
(b) By the Company upon thirty (30) day's prior written notice to
Employee in the event Employee, by reason of permanent physical or mental
disability (which shall be determined by a physician selected by Company or its
insurers and acceptable to Employee or Employee's legal representative (such
agreement as to acceptability not to be withheld unreasonably), shall be unable
to perform the essential functions of his position, with or without reasonable
accommodation, for three (3) consecutive months; provided, however, Employee
shall not be terminated due to permanent physical or mental disability unless or
until said disability also entitles Employee to benefits under such disability
insurance policy as is provided to Employee by Company.
(c) By the Company with or without Cause. For the purposes of this
Agreement shall, "Cause" shall mean: (i) Employee's engagement in any conduct
which, in Company's reasonable determination, constitutes gross misconduct, or
is illegal, unethical, improper provided such conduct brings detrimental
notoriety or material harm to Company; (ii) gross negligence or willful
misconduct; (iii) conviction of fraud or theft; (iv) a material breach of a
material provision of this Agreement by Employee, or (v) failure of Employee to
follow a written directive of the Chief Executive Bear or the Board of Directors
within thirty (30) days after receiving such notice, provided that such
directive is reasonable in scope or is otherwise within the Chief Executive
Bear's or the Board's reasonable business judgment, and is reasonably within
Employee's control; provided Employee does not cure said conduct or breach (to
the extent curable) within 30 days after the Chief Executive Bear or the Board
of Directors provides Employee with written notice of said conduct or breach.
(d) By the Employee with or without Good Reason. For purposes of this
Agreement, "Good Reason" shall mean a material breach of a material provision of
this Agreement by Company, provided Company does not cure said breach within
thirty (30) days after Employee provides the Board of Directors with written
notice of the breach.
4.2 Impact of Termination.
(a) Survival of Covenants. Upon termination of this Agreement, all
rights and obligations of the parties hereunder shall cease, except termination
of employment pursuant to Section 4 or otherwise shall not terminate or
otherwise affect the rights and obligations of the parties pursuant to Sections
5 through 13 hereof.
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(b) Severance. In the event during the Employment Period (i) the
Company terminates Employee's employment without Cause pursuant to Section
4.1(c) or (ii) the Employee terminates his employment for Good Reason pursuant
to Section 4.1(d), the Company shall continue his base salary for a period of
twelve (12) months from termination, such payments to be reduced by the amount
of any compensation from a subsequent employer during such period. The Company
shall also continue Employee's Welfare Benefits for such period to the extent
permitted by the Company's Welfare Benefit Plans. Employee shall accept these
payments in full discharge of all obligations of any kind which Company has to
him except obligations, if any, to repurchase any capital stock of Company owned
by Employee. Employee shall also be eligible to receive a bonus with respect to
the year of termination as provided in Section 3(b).
5. Confidential Information.
(a) Employee agrees to keep secret and confidential, and not to use
or disclose to any third parties, except as directly required for Employee to
perform Employee's employment responsibilities for Company, any of Company's
proprietary Confidential Information.
(b) Employee acknowledges and confirms that certain data and other
information (whether in human or machine readable form) that comes into his
possession or knowledge (whether before or after the date of this Agreement) and
which was obtained from Company, or obtained by Employee for or on behalf of
Company, and which is identified herein (the "Confidential Information") is the
secret, confidential property of Company. This Confidential Information
includes, but is not limited to:
(1) lists or other identification of customers or prospective
customers of Company;
(2) lists or other identification of sources or prospective
sources of Company's products or components thereof, its landlords and
prospective landlords and its current and prospective alliance, marketing
and media partners (and key individuals employed or engaged by such
parties);
(3) all compilations of information, correspondence, designs,
drawings, files, formulae, lists, machines, maps, methods, models, studies,
surveys, scripts, screenplays, artwork, sketches, notes or other writings,
plans, leases, records and reports;
(4) financial, sales and marketing data relating to Company or
to the industry or other areas pertaining to Company's activities and
contemplated activities (including, without limitation, leasing,
manufacturing, transportation, distribution and sales costs and non-public
pricing information);
(5) equipment, materials, designs, procedures, processes, and
techniques used in, or related to, the development, manufacture, assembly,
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fabrication or other production and quality control of Company's products,
stores and services;
(6) Company's relations with its past, current and prospective
customers, suppliers, landlords, alliance, marketing and media partners
and the nature and type of products or services rendered to, received from
or developed with such parties or prospective parties;
(7) Company's relations with its employees (including, without
limitation, salaries, job classifications and skill levels); and
(8) any other information designated by Company to be
confidential, secret and/or proprietary (including without limitation,
information provided by customers, suppliers and alliance partners of
Company).
Notwithstanding the foregoing, the term Confidential Information shall not
consist of any data or other information which has been made publicly available
or otherwise placed in the public domain other than by Employee in violation of
this Agreement.
(c) During the Employment Period, Employee will not copy, reproduce
or otherwise duplicate, record, abstract, summarize or otherwise use, any
papers, records, reports, studies, computer printouts, equipment, tools or other
property owned by Company except as expressly permitted by Company in writing or
required for the proper performance of his duties on behalf of Company.
6. Post-Termination Restrictions. Employee recognizes that (i) Company
has spent substantial money, time and effort over the years in developing and
solidifying its relationships with its customers, suppliers, landlords and
alliance, marketing and media partners and in developing its Confidential
Information; (ii) long-term customer, landlord, supplier and partner
relationships often can be difficult to develop and require a significant
investment of time, effort and expense; (iii) Company has paid its employees to,
among other things, develop and preserve business information, customer,
landlord, vendor and partner goodwill, customer, landlord, vendor and partner
loyalty and customer, landlord, vendor and partner contacts for and on behalf of
Company; and (iv) Company is hereby agreeing to employ and pay Employee based
upon Employee's assurances and promises not to divert goodwill of customers,
landlords, suppliers or partners of Company, either individually or on a
combined basis, or to put himself in a position following Employee's employment
with Company in which the confidentiality of Company's Confidential Information
might somehow be compromised. Accordingly, Employee agrees that during the
Employment Period and for the period of time set forth below following
termination of employment, provided termination is in accordance with the terms
of paragraph 4(b) or (c) or due to expiration of the Employment Period, Employee
will not, directly or indirectly (whether as owner, partner, consultant,
employee or otherwise):
(a) for three (3) years, engage in, assist or have an interest in, or
enter the employment of or act as an agent, advisor or consultant for, any
person or entity which is engaged
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in, or will be engaged in, the development, manufacture, supplying or sale of a
product, process, service or development which is competitive with a product,
process, service or development on which Employee worked or with respect to
which Employee has or had access to Confidential Information while at Company
("Restricted Activity"), and which is located within the United States or within
any country where the Company has established a retail presence either directly
or through a franchise arrangement; or
(b) for three (3) years, induce or attempt to induce any employee,
consultant, partner or advisor of Company to accept employment or an affiliation
with any entity engaged in a Restricted Activity;
provided, however, that following termination of his employment, Employee shall
be entitled to be an employee of an entity that engages in Restricted Activity
so long as: (i) the sale of stuffed plush toys is not a material business of the
entity; (ii) Employee has no direct or personal involvement in the sale of
stuffed plush toys ; and (iii) neither Employee, his relatives, nor any other
entities with which he is affiliated own more than 1% of the entity. As used in
this paragraph 6, "material business" shall mean that either (A) greater than
10% of annual revenues received by such entity were derived from the sale of
stuffed plush toys and related products, or (B) the annual revenues received or
projected to be received by such entity from the sale of stuffed plush toys and
related products exceeded $10 million, or (C) or the entity otherwise annually
derives or is projected to derive annual revenues in excess of $5 million from a
retail concept that is similar in any material regard to Company.
7. Acknowledgment Regarding Restrictions. Employee recognizes and agrees
that the restraints contained in Section 6 (both separately and in total),
including the geographic scope thereof in light of the Company's marketing
efforts, are reasonable and enforceable in view of Company's legitimate
interests in protecting its Confidential Information and customer goodwill and
the limited scope of the restrictions in Section 6.
8. Inventions.
Any and all ideas, inventions, discoveries, patents, patent
applications, continuation-in-part patent applications, divisional patent
applications, technology, copyrights, derivative works, trademarks, service
marks, improvements, trade secrets and the like (collectively, "Inventions"),
which are developed, conceived, created, discovered, learned, produced and/or
otherwise generated by Employee, whether individually or otherwise, during the
time that Employee is employed by Company, whether or not during working hours,
that relate to (i) current and anticipated businesses and/or activities of
Company, (ii) the current and anticipated research or development of Company, or
(iii) any work performed by Employee for Company, shall be the sole and
exclusive property of Company, and Company shall own any and all right, title
and interest to such Inventions. Employee assigns, and agrees to assign to
Company whenever so requested by Company, any and all right, title and interest
in and to any such Invention, at Company's expense, and Employee agrees to
execute any and all applications, assignments or other instruments which Company
deems desirable or necessary to protect such interests, at Company's expense.
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(b) Employee acknowledges that as part of his work for the Company he
may be asked to create, or contribute to the creation of, computer programs,
documentation and other copyrightable works. Employee hereby agrees that any and
all computer programs, documentation and other copyrightable materials that he
has prepared or worked on for the Company, or is asked to prepare or work on by
the Company, shall be treated as and shall be a "work made for hire," for the
exclusive ownership and benefit of Company according to the copyright laws of
the United States, including, but not limited to, Sections 101 and 201 of Title
17 of the U.S. Code ("U.S.C.") as well as according to similar foreign laws.
Company shall have the exclusive right to register the copyrights in all such
works in its name as the owner and author of such works and shall have the
exclusive rights conveyed under 17 U.S.C. Sections 106 and 106A including, but
not limited to, the right to make all uses of the works in which attribution or
integrity rights may be implicated. Without in any way limiting the foregoing,
to the extent the works are not treated as works made for hire under any
applicable law, Employee hereby irrevocably assigns, transfers, and conveys to
Company and its successors and assigns any and all worldwide right, title, and
interest that Employee may now or in the future have in or to the works,
including, but not limited to, all ownership, U.S. and foreign copyrights, all
treaty, convention, statutory, and common law rights under the law of any U.S.
or foreign jurisdiction, the right to xxx for past, present, and future
infringement, and moral, attribution, and integrity rights. Employee hereby
expressly and forever irrevocably waives any and all rights that he may have
arising under 17 U.S.C. Sections 106A, rights that may arise under any federal,
state, or foreign law that conveys rights that are similar in nature to those
conveyed under 17 U.S.C. Sections 106A, and any other type of moral right or
droit moral.
9. Company Property. Employee acknowledges that any and all notes,
records, sketches, computer diskettes, training materials and other documents
relating to Company obtained by or provided to Employee, or otherwise made,
produced or compiled during the Employment Period, regardless of the type of
medium in which they are preserved, are the sole and exclusive property of
Company and shall be surrendered to Company upon Employee's termination of
employment and on demand at any time by Company.
10. Non-Waiver of Rights. Either party's failure to enforce at any time
any of the provisions of this Agreement or to require at any time performance by
the other party of any of the provisions hereof shall in no way be construed to
be a waiver of such provisions or to affect either the validity of this
Agreement, or any part hereof, or the right of the non-breaching party
thereafter to enforce each and every provision in accordance with the terms of
this Agreement.
11. Company's Right to Injunctive Relief. In the event of a breach or
threatened breach of any of Employee's duties and obligations under the terms
and provisions of Sections 5, 6, or 8 hereof, Company shall be entitled, in
addition to any other legal or equitable remedies it may have in connection
therewith (including any right to damages that it may suffer), to temporary,
preliminary and permanent injunctive relief restraining such breach or
threatened breach. Employee hereby expressly acknowledges that the harm which
might result to Company's business as a result of any noncompliance by Employee
with any of the provisions of Sections 5, 6 or 8 would be largely irreparable.
Employee specifically agrees that if there is a question as to the
enforceability of any of the provisions of Sections 5, 6 or 8 hereof, Employee
will not engage in any conduct
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inconsistent with or contrary to such Sections until after the question has been
resolved by a final judgment of a court of competent jurisdiction.
12. Judicial Enforcement. If any provision of this Agreement is
adjudicated to be invalid or unenforceable under applicable law in any
jurisdiction, the validity or enforceability of the remaining provisions thereof
shall be unaffected as to such jurisdiction and such adjudication shall not
affect the validity or enforceability of such provisions in any other
jurisdiction. To the extent that any provision of this Agreement is adjudicated
to be invalid or unenforceable because it is overbroad, that provision shall not
be void but rather shall be limited only to the extent required by applicable
law and enforced as so limited. The parties expressly acknowledge and agree that
this Section is reasonable in view of the parties' respective interests.
13. Employee Representations. Employee represents that the execution and
delivery of the Agreement and Employee's employment with Company do not violate
any previous employment agreement or other contractual obligation of Employee.
14. Amendments. No modification, amendment or waiver of any of the
provisions of this Agreement shall be effective unless in writing specifically
referring hereto, and signed by the parties hereto. This Agreement supersedes
all prior agreements and understandings between Employee and Company to the
extent that any such agreements or understandings conflict with the terms of
this Agreement.
15. Assignments. This Agreement shall be freely assignable by Company to
and shall inure to the benefit of, and be binding upon, Company, its successors
and assigns and/or any other entity which shall succeed to the business
presently being conducted by Company. Being a contract for personal services,
neither this Agreement nor any rights hereunder shall be assigned by Employee.
16. Choice of Forum and Governing Law. In light of Company's substantial
contacts with the State of Missouri, the parties' interests in ensuring that
disputes regarding the interpretation, validity and enforceability of this
Agreement are resolved on a uniform basis, and Company's execution of, and the
making of, this Agreement in Missouri, the parties agree that: (i) any
litigation involving any noncompliance with or breach of the Agreement, or
regarding the interpretation, validity and/or enforceability of the Agreement,
shall be filed and conducted in the state or federal courts in St. Louis City or
County, Missouri; and (ii) the Agreement shall be interpreted in accordance with
and governed by the laws of the State of Missouri, without regard for any
conflict of law principles.
17. ARBITRATION. ANY CONTROVERSY OR CLAIM ARISING OUT OF, OR RELATING TO
THIS AGREEMENT, THE BREACH THEREOF, OR EMPLOYEE'S EMPLOYMENT BY COMPANY, SHALL,
AT COMPANY'S SOLE OPTION, BE SETTLED BY BINDING ARBITRATION IN THE COUNTY OF ST.
LOUIS IN ACCORDANCE WITH THE RULES THEN IN FORCE OF THE AMERICAN ARBITRATION
ASSOCIATION, AND JUDGMENT UPON THE AWARD RENDERED MAY BE ENTERED AND ENFORCED IN
ANY COURT HAVING JURISDICTION THEREOF. THE CONTROVERSIES OR CLAIMS SUBJECT TO
ARBITRATION AT COMPANY'S OPTION UNDER THIS AGREEMENT INCLUDE, WITHOUT
LIMITATION, THOSE ARISING UNDER TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, 42
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U.S.C. SECTION 1981, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE AMERICANS
WITH DISABILITIES ACT, THE FAMILY AND MEDICAL LEAVE ACT, THE WORKER ADJUSTMENT
AND RETRAINING NOTIFICATION ACT, THE MISSOURI HUMAN RIGHTS ACT, LOCAL LAWS
GOVERNING EMPLOYMENT, AND THE STATUTORY AND/OR COMMON LAW OF CONTRACT AND TORT.
IN THE EVENT EMPLOYEE COMMENCES ANY ACTION IN COURT WHICH COMPANY HAS THE RIGHT
TO SUBMIT TO BINDING ARBITRATION, COMPANY SHALL HAVE SIXTY (60) DAYS FROM THE
DATE OF SERVICE OF A SUMMONS AND COMPLAINT UPON COMPANY TO DIRECT IN WRITING
THAT ALL OR ANY PART OF THE DISPUTE BE ARBITRATED. ANY REMEDY AVAILABLE IN ANY
COURT ACTION SHALL ALSO BE AVAILABLE IN ARBITRATION.
18. Headings. Section headings are provided in this Agreement for
convenience only and shall not be deemed to substantively alter the content of
such sections.
PLEASE NOTE: BY SIGNING THIS AGREEMENT, EMPLOYEE IS HEREBY CERTIFYING THAT
EMPLOYEE (A) HAS RECEIVED A COPY OF THIS AGREEMENT FOR REVIEW AND STUDY BEFORE
EXECUTING IT; (B) HAS READ THIS AGREEMENT CAREFULLY BEFORE SIGNING IT; (C) HAS
HAD SUFFICIENT OPPORTUNITY BEFORE SIGNING THE AGREEMENT TO ASK ANY QUESTIONS
EMPLOYEE HAS ABOUT THE AGREEMENT AND HAS RECEIVED SATISFACTORY ANSWERS TO ALL
SUCH QUESTIONS; AND (D) UNDERSTANDS EMPLOYEE'S RIGHTS AND OBLIGATIONS UNDER THE
AGREEMENT.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the day and year first above written.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE
ENFORCED BY COMPANY.
/s/ XXXXX XXXX
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Xxxxx Xxxx
Address:
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BUILD-A-BEAR WORKSHOP, INC.
By: /s/ XXXXXX XXXXX
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Name: Xxxxxx Xxxxx
Title: Chief Executive Bear
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