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EXHIBIT 10.58
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (this "Agreement"), is made and entered into
as of June 29, 1999, by and between Strategic Reimbursement Services, Inc., an
Illinois corporation (together with its successors and assigns permitted under
this Agreement ("SRS"), and Xxxx Xxxx ("Employee"). Certain capitalized terms
used herein are defined in Section 1. SRS is a wholly-owned subsidiary of
Sabratek Corporation ("Sabratek").
WITNESSETH:
WHEREAS, SRS has determined that it is in the best interests of SRS and
its stockholders to employ Employee and to set forth in this Agreement the
obligations and duties of both SRS and Employee; and
WHEREAS, SRS wishes to assure itself of the services of Employee for
the period hereinafter provided, and Employee is willing to be employed by SRS
for said period, upon the terms and conditions provided in this Agreement;
NOW, THEREFORE, in consideration of the premises and mutual covenants
contained herein and for other good and valuable consideration, the receipt of
which is mutually acknowledged, SRS and Employee (individually a "Party" and
together the "Parties" ) agree as follows:
1. DEFINITIONS.
(a) "Beneficiary" shall mean the person or persons named by Employee
pursuant to Section 12 below or, in the event that no such person is named who
survives Employee, his estate.
(b) "Board" shall mean the Board of Directors of SRS.
(c) "Cause" shall mean:
(i) Employee being found guilty of a felony or an act of fraud or
embezzlement, in each case related to SRS or its business;
(ii) any repeated and demonstrated failure by Employee to
discharge faithfully the responsibilities of his position that SRS in good faith
determines is extremely detrimental to the current and future interests of SRS;
or
(iii) a material breach by Employee of any provision of this
Agreement.
(d) "Change in Control" shall mean the occurrence of any of the
following events:
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(i) Consummation of the acquisition by any person (as such term
is defined in Section 13(d) or 14(d) of the Securities Exchange Act of 1934, as
amended (the "1934 Act")) of beneficial ownership (within the meaning of Rule
l3d-3 promulgated under the 0000 Xxx) of 40 percent or more of the combined
voting power of the then outstanding voting securities of SRS; or
(ii) The individuals who, as of the date hereof, are members of
the board of directors of SRS cease for any reason to constitute a majority of
the board of directors of Sabratek, unless the election, or nomination for
election by the stockholders of SRS, of any new director or directors was
approved by a vote of a majority of the board of directors of SRS, in which case
such new director or directors shall, for purposes of this Agreement, be
considered as a member or members of the board of directors of SRS as of the
date hereof; or
(iii) Approval by stockholders of SRS of (A) a merger or
consolidation of SRS if the stockholders immediately before such merger or
consolidation do not, as a result of such merger or consolidation, own, directly
or indirectly, more than 60 percent of the combined voting power of the then
outstanding voting securities of the entity resulting from such merger or
consolidation in substantially the same proportion as their ownership of the
combined voting power of the voting securities of SRS outstanding immediately
before such merger or consolidation; or (B) a complete liquidation or
dissolution, or an agreement for the sale or other disposition, of all or
substantially all of the assets of SRS.
Notwithstanding the foregoing, a Change in Control shall not be deemed
to occur solely because 40 percent or more of the combined voting power of the
then outstanding securities is acquired by (i) a trustee or other fiduciary
holding securities under one or more employee benefit plans maintained for
employees of SRS, or (ii) any corporation that, immediately prior to such
acquisition, is owned directly or indirectly by the stockholders of SRS in the
same proportion as their ownership of stock of SRS immediately prior to such
acquisition.
(e) "Code" shall mean the Internal Revenue Code of 1986, as amended
from time to time.
(f) "Committee" shall mean the Compensation Committee of the Board, or
if no such committee, the Board.
(g) "Disability" shall mean the illness or other mental or physical
disability of Employee, as determined under the long-term disability plan of SRS
covering Employee, or if no such plan exists, Employee's failure (i) to perform
substantially his material duties under this Agreement for a period of three
consecutive months, or for an aggregate of 135 days during any month period, and
(ii) to return to the performance of his duties within 30 days after receiving
written notice of termination.
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(h) "Good Reason" means the occurrence of any one or more of the
following, without the express agreement of the Employee to continue employment
despite such occurrence, at any time after the date of this Agreement: (a)
material diminution of Employee's duties as contemplated by this Agreement or
the assignment to the Employee of any material duties which are not
substantially consistent with such position, excluding, however, an isolated,
insubstantial and inadvertent action not taken in bad faith which is remedied by
SRS promptly upon receipt of notice thereof from the Employee; (b) reduction in
Employee's compensation from that in effect upon the date hereof, excluding,
however, any diminution of the foregoing applied by Sabratek consistently and in
good faith to substantially all of the executive employees of Sabratek and the
heads of its principal subsidiaries; and (c) material diminution of Employee's
perquisites or benefits from those of Sabratek in effect upon the date hereof,
excluding, however any diminution in benefits applied by Sabratek consistently
and in good faith to substantially all of the executive employees of Sabratek
and the heads of its principal subsidiaries.
(h) "Salary" shall mean the annual salary provided for in Section 3
below, as adjusted from time to time.
(i) "Term of Employment" or "Term" shall mean the period specified in
Section 2(b) below.
(j) "Year" shall mean the calendar year, which is the fiscal year of
SRS.
2. EMPLOYMENT TERM, POSITIONS AND DUTIES.
(a) Employment of Employee. SRS hereby employs Employee, and Employee
hereby accepts employment with SRS, in the positions and with the duties and
responsibilities set forth below and upon such other terms and conditions as are
hereinafter stated.
(b) Term of Employment. The Term of Employment shall commence on the
date hereof and shall terminate on the third anniversary of the date hereof;
provided, however, that unless either Party gives three months' written notice
to the other that the Term shall not continue past the third anniversary of the
date hereof or any subsequent 12-month period for which the Term has previously
been extended, the Term shall thereafter automatically extend for an additional
12-month period, unless the Term is sooner terminated as provided in Section 8
below.
(c) Titles And Duties.
Until the date of termination of his employment hereunder, Employee
shall be employed as a _________ of SRS, reporting to the President of SRS or
his designee. In his capacity as a ___________, Employee shall have the
customary powers, responsibilities and authorities of a ___________ of a similar
unit of Sabratek.
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(d) Location. If Sabratek requires the Employee to relocate his
residence from Denver metropolitan area the Employee may treat such relocation
as a not for Cause termination.
(e) Time And Effort.
(i) Employee agrees to devote his full business time to the
affairs of SRS in order to carry out his duties and responsibilities under this
Agreement.
(ii) The Employee may (A) serve on the boards of a reasonable
number of trade associations, charitable organizations and/or businesses not in
competition with SRS or Sabratek, (B) engage in charitable activities and
community affairs and (C) manage his personal investments and affairs, in each
case so long as such does not or would not cause a breach of this Agreement.
3. SALARY. Employee shall receive from SRS a Salary, payable in
accordance with the regular payroll practices of SRS, in a minimum amount of
$190,000. During the Term the President or his designee shall review the Salary
of Employee no less often than once each Year, commencing January 1, 2000. On
the basis of any such review, the President or his designee may in its sole
discretion increase Employee's Salary accordingly. The term "Salary" as used in
this Agreement shall refer to the Salary of Employee at any time as so adjusted.
4. BONUSES. Employee shall be eligible to receive additional bonuses
during the Term and the President or his designee shall determine, in its
discretion, the occasion for payment, and the amount, of any such bonus.
5. EQUITY OPPORTUNITY. During the Term, Employee shall be eligible to
receive grants of options to purchase shares of Sabratek stock and awards of
shares of Sabratek stock, either or both as determined by the Board (with and
upon the approval of the Sabratek board of directors), under and in accordance
with the terms of applicable plans of SRS and related option and award
agreements.
6. EXPENSE REIMBURSEMENT; CERTAIN OTHER COSTS. During the Term,
Employee shall be entitled to prompt reimbursement by SRS for all reasonable
out-of-pocket expenses incurred by him in performing services under this
Agreement, upon his submission of such accounts and records as may be reasonably
required by SRS.
7. EMPLOYEE BENEFIT PLANS. During the Term Employee shall be entitled
to participate in all employee benefit plans and programs made available to SRS'
senior executives or to its employees generally, as such plans or programs may
be in effect from time to time, including, without limitation, pension and other
retirement plans, profit-sharing plans, savings and similar plans, group life
insurance, accidental death and dismemberment insurance, travel accident
insurance, hospitalization insurance, surgical insurance, major and excess major
medical insurance, dental insurance, short-term and long-term disability
insurance, sick leave (including
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salary continuation arrangements), holidays, vacation and any other employee
benefit plans or programs that may be sponsored by SRS or Sabratek from time to
time, including plans that supplement the above-listed types of plans, whether
funded or unfunded.
8. TERMINATION OF EMPLOYMENT.
(a) Voluntary Termination And Termination by Mutual Agreement. Employee
may terminate his employment voluntarily at any time. If he does so, his
entitlement hereunder shall be the same as if SRS had terminated his employment
for Cause. The Parties may terminate this Agreement by mutual agreement at any
time. If they do so, Employee's entitlement shall be as the Parties mutually
agree.
(b) General. Notwithstanding anything to the contrary herein, in the
event of termination of Employee's employment under this Agreement, he or his
Beneficiary, as the case may be, shall be entitled to receive (in addition to
payments and benefits under, and except as specifically provided in, subsections
(c) through (h) below, as applicable):
(i) his Salary through the date of termination;
(ii) any unused vacation from prior years according to SRS'
vacation policy;
(iii) any deferred compensation payable under any deferred
compensation plan of SRS;
(iv) any other compensation or benefits, including without
limitation, benefits under equity grants and awards described in Section 5 above
and employee benefits under plans described in Section 7 above, that have vested
through the date of termination or to which he may then be entitled in
accordance with the applicable terms and conditions of each grant, award or
plan; and
(v) reimbursement in accordance with Section 6 above of any
business expenses incurred by Employee through the date of termination but not
yet paid to him.
(c) Termination Due to Death. In the event that Employee's employment
is terminated due to his death, his Beneficiary shall be entitled, in addition
to the compensation and benefits specified in Section 8(b), to:
(i) Employee's Salary, at the rate in effect immediately before
such termination, payable through the end of the month in which the proceeds of
his life insurance under the SRS or Sabratek group plan are paid; and
(ii) a prorated annual bonus for the Year in which his death
occurs.
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(d) Termination Due to Disability. In the event of Disability, SRS or
Employee may terminate Employee's employment. If Employee's employment is
terminated due to Disability, he shall be entitled, in addition to the
compensation and benefits specified in Section 8(b), to a prorated annual bonus
for the Year in which his termination for Disability occurs.
(e) Termination by SRS For Cause. SRS may terminate Employee's
employment hereunder for Cause only upon written notice to Employee not less
than 10 days prior to any intended termination date, which notice shall specify
the grounds for such termination in reasonable detail. Upon receipt of such
notice, Employee (and his counsel) shall have the right to present to the
President his position regarding any dispute relating to the existence of such
Cause. Unless rescinded by the President, termination shall be effective on the
date specified in the original notice. In the event that Employee's employment
is terminated for Cause, he shall be entitled only to the compensation and
benefits specified in Section 8(b).
(f) Termination Without Cause.
(i) Termination without Cause shall mean: termination of
Employee's employment by SRS and shall include any reason for termination other
than (i) due to death, Disability or Cause, (ii) by Employee voluntarily, or
(iii) by mutual agreement of Employee and SRS. In addition, termination without
Cause shall also include termination by Employee for Good Reason. SRS shall
provide Employee twenty days' prior written notice of termination by it without
Cause (other than any termination for Good Reason).
(ii) In the event of termination by SRS of Employee's employment
without Cause, he shall be entitled, in addition to the compensation and
benefits specified in Section 8(b), to:
(A) his Salary, at the rate in effect immediately before such
termination, for a period of 12-months following the date of termination, such
salary to be paid on SRS' normal payroll schedule; and
(B) a prorated annual bonus for the year in which terminated,
such bonus to be paid at the same time annual bonuses are regularly paid by SRS;
and
(C) continued coverage under the health program maintained by
SRS or Sabratek for a period of 12-months; and
(D) notwithstanding anything in this Section 8(f) to the
contrary, SRS shall have no further obligation to make any salary or bonus
payments for any period following the first date on which Employee takes any
action which would fall within the definition of "Restrictive Covenant" as
provided in Section 10(a) hereof, whether or not such action occurs within the
Restrictive Period (as defined in Section 10(a) hereof).
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(g) Voluntary Termination by Employee. Employee shall have the right,
upon 30 days' prior written notice, voluntarily to terminate his employment. If
he exercises this right, his employment shall cease and the Term shall terminate
as of the date stated in such notice, and he shall be entitled to receive
compensation and benefits as if SRS had terminated his employment for Cause, as
provided in Section 8(e).
(h) Notice That The Employment Term Shall Not Renew. In the event that
either Party notifies the other that the Employment Term shall not renew
pursuant to the terms of Section 2(b) above, Employee shall continue to render
services to SRS through the end of the Term as in effect on the date of delivery
of such notice, unless: (A) the non-renewal decision was made by SRS, in which
case, the President or his designee or Employee may elect to treat the notice as
a termination without Cause of Employee's employment; or (B) the non-renewal
decision was made by Employee, in which case, the President or his designee may
elect to treat the notice as a voluntary termination of employment by Employee.
(i) Change in Control. Notwithstanding anything to the contrary in this
Section 8, if, within twelve months following a Change in Control (A) Employee's
employment is terminated for any reason other than Cause, death or Disability,
or (B) there is a material adverse change in Employee's compensation, title or
duties specified herein, he shall be entitled to the compensation and benefits
provided in Sections 8(b) and 8(f)(ii) (without any duplication), including, but
not limited to, any other compensation or benefits under equity grants and
awards described in Section 5 above and employee benefits under plans described
in Section 7 above, that have vested through the date of termination or to which
he may then be entitled in accordance with the applicable terms and conditions
of each grant, award or plan.
9. CONFIDENTIALITY AND LOYALTY.
(a) General.
(i) Employee hereby acknowledges that as a result of his
employment with SRS he has produced and had access to, and may hereafter produce
and have access to, material, records, data, trade secrets, customer lists,
inventions and information not generally available to the public (collectively,
"Confidential Information") regarding SRS and that any such Confidential
Information is the exclusive property of SRS.
(ii) Accordingly, Employee hereby agrees that, during and
subsequent to the Term, he shall hold in confidence and not directly or
indirectly disclose, use, copy or make lists of any such Confidential
Information, except to the extent that such information in such form is or
thereafter becomes lawfully available from public sources, or such disclosure is
authorized in writing by SRS, required by a law or any competent administrative
agency or judicial authority, or otherwise as reasonably necessary or
appropriate in connection with performance by Employee of his duties hereunder.
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(b) Return of Documents. All records, files, documents and other
materials or copies thereof relating to SRS' business that Employee prepares or
uses shall be and remain the sole property of SRS and shall not be removed from
SRS' premises without its written consent. Upon termination of Employee's
employment with SRS for any reason, he shall promptly deliver to SRS all such
items that are then in his possession or control.
(c) Duty of Loyalty. Employee hereby agrees to abide by SRS' reasonable
policies, as in effect from time to time, respecting avoidance of interests
conflicting with those of SRS.
(d) Remedies And Sanctions. In the event that Employee is found to be
in violation of Section 9(a), (b) or (c), SRS shall be entitled to relief as
provided in Section 11 below.
10. NONCOMPETITION/NONSOLICITATION.
(a) Restrictive Covenant. Employee hereby agrees that, except with the
express prior written consent of SRS, for a period of 12-months after
termination of his employment with SRS for any reason (the "Restrictive
Period"), he will not directly or indirectly compete with the business of SRS as
conducted on the date of such termination, including, but not by way of
limitation, by (i) directly or indirectly owning, managing, operating,
controlling, financing, (ii) directly or indirectly serving as an employee,
officer or director of or consultant to, or (iii) soliciting or inducing, or
attempting to solicit or induce, any employee or agent of SRS to terminate
employment with SRS and become employed by, any person, firm, partnership,
corporation, trust or other entity that owns or operates an entity that is
engaged in the same or similar business as SRS as conducted on the date of such
termination (the "Restrictive Covenant").
If Employee violates the Restrictive Covenant and SRS brings legal
action for injunctive or other relief, SRS shall not, as a result of the time
involved in obtaining such relief, be deprived of the benefit of the full period
of the Restrictive Covenant. Accordingly, the Restrictive Covenant shall be
deemed to endure for the period specified in this Section 10(a), computed from
the date the relief is granted but reduced by the time between the period when
the Restrictive Period began to run and the date of the first violation of the
Restrictive Covenant by Employee.
(b) Exceptions. Notwithstanding anything to the contrary in Section
10(a), the Restrictive Covenant shall not:
(i) apply if SRS terminates Employee's employment without Cause,
as provided in Section 8(f) above; or
(ii) prohibit Employee from owning directly or indirectly capital
stock or similar securities which do not represent more than five percent of the
outstanding capital stock of any business similar to that of SRS as conducted on
the date of such termination.
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(c) Remedies And Sanctions. In the event that Employee is found to be
in violation of Section 11(a) above, SRS shall be entitled to relief as provided
in Section 11 below.
11. REMEDIES/SANCTIONS. Employee hereby acknowledges that the
restrictions contained in Sections 9 (a), (b) and (c) and 10(a) above are
reasonable and necessary for the protection of the legitimate business interests
of SRS, for which monetary damages alone may not provide an adequate remedy,
that any violation of these restrictions would cause substantial injury to SRS
and such interests, that SRS would not have entered into this Agreement without
receiving the additional consideration offered by Employee in binding himself to
these restrictions and that such restrictions were a material inducement to SRS
to enter into this Agreement.
In the event of any violation or threatened violation of these
restrictions, SRS (a) shall be relieved of any further obligations under the
Agreement, (b) shall be entitled to seek monetary damages resulting from such
violation, and (c) in addition to and not in limitation of, any other rights,
remedies or damages available to SRS under this Agreement or otherwise at law or
in equity, shall be entitled to seek preliminary and permanent injunctive relief
to prevent or restrain any such violation by Employee and any and all persons
directly or indirectly acting for or with him, as the case may be.
12. BENEFICIARIES/REFERENCES. Employee shall be entitled to select (and
change, to the extent permitted under any applicable law) a Beneficiary or
Beneficiaries to receive any compensation or benefit payable under this
Agreement following his death by giving SRS written notice thereof. In the event
of Employee's death, or of a judicial determination of his incompetence,
reference in this Agreement to Employee shall be deemed to refer, as
appropriate, to his Beneficiary, estate or other legal representative.
13. WITHHOLDING TAXES. All payments to Employee or his Beneficiary
under this Agreement shall be subject to withholding on account of federal,
state and local taxes as required by law.
14. INDEMNIFICATION AND LIABILITY INSURANCE. Nothing herein is intended
to limit SRS' indemnification of Employee, and SRS shall indemnify him to the
fullest extent permitted by applicable law consistent with SRS' Articles of
Incorporation and By-Laws, with respect to any action or failure to act on his
part while he is an officer or employee of SRS. SRS shall cause Employee to be
covered at all times by directors' and officers' liability insurance on terms no
less favorable than the directors' and officers' liability insurance maintained
by SRS or Sabratek in effect on the date hereof in terms of coverage and
amounts. SRS shall continue to indemnify Employee as provided above and maintain
such liability insurance coverage for him after the Term for any claims that may
be made against him with respect to his service as a director or officer of SRS.
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15. EFFECT OF AGREEMENT ON OTHER BENEFITS. The existence of this
Agreement shall not prohibit or restrict Employee's entitlement to participate
fully in compensation, employee benefit and other plans of SRS in which senior
executives are eligible to participate.
16. ASSIGNABILITY; BINDING NATURE. This Agreement shall be binding upon
and inure to the benefit of the Parties and their respective successors, heirs
(in the case of Employee) and assigns.
17. REPRESENTATIONS. The Parties respectively represent and warrant
that each is fully authorized and empowered to enter into this Agreement and
that the performance of its or his obligations, as the case may be, under this
Agreement will not violate any agreement between such Party and any other
person, firm or organization. SRS represents and warrants that this Agreement
has been duly authorized by all necessary corporate action and is valid, binding
and enforceable in accordance with its terms.
18. ENTIRE AGREEMENT. Except to the extent otherwise provided herein,
this Agreement contains the entire understanding and agreement between the
Parties concerning the subject matter hereof and supersedes any prior
agreements, whether written or oral, between the Parties concerning the subject
matter hereof, between SRS and Employee, provided that the execution of this
Agreement shall not adversely affect (i) any award previously made to Employee
under any compensation plan maintained by SRS, or (ii) any statements regarding
the vesting of options or other benefits in such prior agreements. Payments and
benefits provided under this Agreement are in lieu of any payments or other
benefits under any severance program or policy of SRS to which Employee would
otherwise be entitled. The foregoing notwithstanding, the non-compete,
non-solicitation and related covenants contained in the Merger Agreement and
which relate to the Employee shall be unaffected by this Section, and such
covenants shall exist in addition to the similar covenants contained herein.
19. AMENDMENT OR WAIVER. No provision in this Agreement may be amended
unless such amendment is agreed to in writing and signed by both Employee and an
authorized officer of SRS. No waiver by either Party of any breach by the other
Party of any condition or provision contained in this Agreement to be performed
by such other Party shall be deemed a waiver of a similar or dissimilar
condition or provision at the same or any prior or subsequent time. Any waiver
must be in writing and signed by the Party to be charged with the waiver. No
delay by either Party in exercising any right, power or privilege hereunder
shall operate as a waiver thereof.
20. SEVERABILITY. In the event that any provision or portion of this
Agreement shall be determined to be invalid or unenforceable for any reason, in
whole or in part, the remaining provisions of this Agreement shall be unaffected
thereby and shall remain in full force and effect to the fullest extent
permitted by law.
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21. SURVIVAL. The respective rights and obligations of the Parties
under this Agreement shall survive any termination of Employee's employment with
SRS.
22. GOVERNING LAW/JURISDICTION. This Agreement shall be governed by and
construed and interpreted in accordance with the laws of Illinois, without
reference to principles of conflict of laws.
23. ARBITRATION. Any dispute or controversy, other than a dispute or
controversy arising under Sections 9 or 11 or with respect to Federal or state
employment laws, rules or regulations hereof (actions regarding which may be
brought in any court (i) having situs within Xxxx County, Illinois and (ii)
having jurisdiction over the dispute or controversy), arising under or in
connection with this Agreement shall be settled exclusively by arbitration,
conducted before a panel of three arbitrators sitting in a location selected by
Employee within thirty (30) miles from the main office of SRS, in accordance
with the rules of the American Arbitration Association then in effect. Judgment
may be entered on the arbitrator's award in any court having jurisdiction;
provided, however, that the Executive shall be entitled to seek specific
performance of his right to be paid through the date of termination during the
pendency of any dispute or controversy arising under or in connection with this
Agreement.
24. LEGAL FEES. All reasonable expenses and legal fees paid or incurred
by Employee pursuant to any bona fide dispute or question of interpretation
relating to this Agreement, including all such expenses and fees, if any,
incurred in contesting any termination of this Agreement by SRS or in seeking to
obtain or enforce any right or benefit provided by this Agreement, shall be paid
or reimbursed by SRS, provided, however, that if this Agreement is terminated
for Cause or if this Agreement is terminated voluntarily by Employee other than
due to a breach of this Agreement by SRS, SRS shall be obligated to pay any of
Employee's expenses and legal fees arising therefrom only if Employee is
successful on the merits pursuant to a legal judgment, arbitration or
settlement.
25. NOTICES. Any notice given to either Party shall be in writing and
shall be deemed to have been given when delivered either personally, by fax, by
overnight delivery service (such as Federal Express) or sent by certified or
registered mail postage prepaid, return receipt requested, duly addressed to the
Party concerned at the address indicated below or to such changed address as the
Party may subsequently give notice of:
If to Sabratek:
Sabratek Corporation
0000 Xxxxx Xx. Xxxxx Xxxxxx
Xxxxxx, Xxxxxxxx 00000
Attention: President
PHONE: (000) 000-0000
FAX: (000) 000-0000
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with a copy to:
Xxxxxxxx & Xxxxx
000 Xxxx Xxxxxxxx Xxxxx
Xxxxxxx, Xxxxxxxx 00000
Attention: Xxxxxx X. Xxxxxxx
PHONE: (000) 000-0000
FAX: (000) 000-0000
If to Employee:
Notice shall be sent to the address or facsimile number
of the respective Employee as inserted on the execution
pages of this Agreement
If to Strategic Reimbursement Services, Inc. or the Board:
Strategic Reimbursement Services, Inc.
0000 Xxxxx Xx. Xxxxx Xxxxxx
Xxxxxx, Xxxxxxxx 00000
Attention: President
PHONE: (000) 000-0000
FAX: (000) 000-0000
26. HEADINGS.
The headings of the sections contained in this Agreement are for
convenience only and shall not be deemed to control or affect the meaning or
construction of any provision of this Agreement.
27. COUNTERPARTS.
This Agreement may be executed in counterparts, each of which when so
executed and delivered shall be an original, but all such counterparts together
shall constitute one and the same instrument.
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IN WITNESS WHEREOF, the undersigned hereto have executed this
Employment Agreement as of the date first written above.
STRATEGIC REIMBURSEMENT SERVICES, INC.
By: /s/ Xxxxxxx X. Xxxxxx
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Its: Vice President
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/s/ Xxxx Xxxx
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Signature
Print name:
Address:
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