EMPLOYMENT AGREEMENT
Exhibit 10.3
THE UNDERSIGNED:
Calgon Carbon Corporation, having its registered office at 400 Calgon Carbon
Drive, Pittsburgh, Pennsylvania, U.S.A. 15205 (the “Company”);
AND
C. X. X. Xxxxxx, residing at Xxxxxxxxxxx 0X0 00/0 XX Xxxxxxxxx, Xxx
Xxxxxxxxxxx, (the “Employee”);
HAVE AGREED AS FOLLOWS:
1. Term. The Company agrees to employ the Employee as Sales,
Marketing, and Invest in People Director of the Company, as of January 2, 2001, for an
indefinite period
under the terms and conditions of this agreement and its addendum.
2. Duties. The Employee’s responsibilities are to direct the
Sales, Marketing, and Invest in People departments for the Company’s European
operations. The Company shall have the right, at any time, to assign the Employee,
within reasonable limits, duties and responsibilities more extensive than, or
different from, those for the performance of which he was engaged. Such assignment
shall not constitute a breach or cause for termination of this agreement nor shall it
be considered a change in the essential conditions of employment hereunder provided
that such assignment does not reduce the Employee’s salary or the level of his
responsibilities and that it remains within the limits compatible with his/her
qualifications. In addition, the imposition by the Company of additional levels of
management between the Employee and his superior, or change made by the Company in the
titles of its employees shall not constitute a breach or a cause for termination.
The Employee agrees, while employed hereunder, to perform his duties faithfully
and to the best of his/her ability.
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3. Place of Work. The Employee shall be employed at Zoning
Xxxxxxxxxx xx Xxxxx, X-0000, Xxxxx, Belgium.
4. Remuneration. The Employee’s gross monthly salary shall be 483,040
Belgian francs. This salary, less applicable withholdings and deductions, shall be paid
by transfer to his bank or postal checking account. The annual incentive payout target
will be 35% of your annual base salary.
Any bonuses, gifts, or other payment that the Company may grant or made to the
Employee from time to time, and even on a regular basis, in its absolute discretion
and
without an obligation under law, a collective bargaining agreement or this contract,
shall not form part of the Employee’s contractual remuneration. The granting of such a
bonus or the making of such a gift or other payment shall not create a right to receive
such bonus, gift, or payment in the future.
The salary will be reviewed annually for adjustment.
5. Expenses. The Company shall reimburse the Employee from time
to time for the reasonable expenses incurred by the employee in connection with the
performance of his obligations hereunder.
6. Working Time. The Employee shall occupy a position of trust
and shall
therefore not be subject to the rules on overtime. The remuneration set forth in
point 4 above shall compensate the employee for all services rendered during and
outside normal working hours.
7. Conflict of Interest. The Employee agrees during the term
of this contract to devote all his working time and all his efforts to the interests of
the Company, to accept no other employment, and to engage in no outside activity that
would in any way conflict with or prejudice his responsibilities to the Company.
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8. Return Materials. The Employee agrees to return to the
Company, at its request and in any event upon the termination of this contract, all
documentation, correspondence, and reports and all materials, tools, and equipment
that may have been made available to him by the Company.
9. Company Rules and Policies. The Employee agrees to comply
with all rules, regulations, directives, and instructions that the Company may
establish for the proper conduct of its business.
10. Confidentiality. All information, including customer
lists, technical, commercial, and financial information, payroll data,
specifications, reports, and other information of any kind, directly or indirectly
related to the business of the Company, disclosed to the Employee by the Company or
by any of its employees, directors, statutory auditors or outside consultants, or
with which the Employee becomes acquainted while in the employ of the Company,
shall be treated as confidential information.
The Employee shall at all times, both during his employment and after the
termination thereof, keep such confidential information secret and refrain from
disclosing it in any way or for any purpose whatsoever and from using it in any manner
for his own benefit or for the benefit of any person other than the Company.
11. Termination with Cause. The Company reserves the right to
terminate this agreement at any time, without prior notice or indemnity, in the
event of misconduct by the Employee, including insubordination, use of physical
violence, repeated unjustified absence or tardiness, refusal to carry out duties
properly assigned to him, disclosure of confidential information relating to the
Company or giving false or misleading information to the Company either before or
after the signature of this contract.
12. Non-compete. For a period of two years immediately following
the termination of this contract, within the limits of the legal provisions and the
collective bargaining agreements in effect, the Employee shall not directly or
indirectly, alone or as
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a member of a partnership, or as an officer, director, employee, or shareholder in any
company whose activities are similar to those of the Company, or otherwise, engage in
Europe or in the United States of America or in any other area in which Calgon Carbon
or any of its subsidiaries conduct business or in which Calgon Carbon or any of its
subsidiaries customers are located.
Unless the Company waives completely the effective application of this clause
within fifteen (15) days of the termination of the Contract, the Company shall pay to
the Employee an indemnity equivalent to one half of his gross remuneration for the last
month of employment with the Company, multiplied by the number of months for which this
clause is applicable.
Should the Employee fail to respect his obligation under this Article, the
Employee shall be obliged to reimburse to the Company the amount which has been paid by
the Company pursuant to the previous paragraph and in addition, shall be obliged to pay
to the Company a lump sum amount equal to the amount of said reimbursement, without
prejudice to the Company’s right to claim a higher amount as determined by.
actual injury suffered.
Signed in duplicate in Pittsburgh, Pennsylvania, on December 21, 2000, each
party acknowledging receipt of an original.
| /s/ Xxxxxx X. Xxxxxxx XX | ||||
| Employee | Company | |||
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