EMPLOYMENT AGREEMENT
This
Employment Agreement (this "Agreement") is made effective as of January
08,
2007, by and between Cavico Corp ("Cavico"), of 00000 Xxxxx Xxxx, Xxxxx
0000,
Xxxxxxxxxx Xxxxx, Xxxxxxxxxx, 00000 and Xxxxx Xxxx Xxx ("Xxxxx").
X.
Xxxxxx
is engaged in the business of Construction. Xxxxx will primarily perform
the job
duties at the following location: 00000 Xxxxx Xxxx, Xxxxx 0000, Xxxxxxxxxx
Xxxxx, Xxxxxxxxxx.
X.
Xxxxxx
desires to have the services of Xxxxx.
X.
Xxxxx
is willing to be employed by Cavico.
Therefore,
the parties agree as follows:
1.
EMPLOYMENT.
Cavico
shall employ Xxxxx as a(n) Vice President. Xx Xxxxx shall provide to Cavico
the
service as the direct manager in Cavico Viet Nam, which is a subsidiary
of
Cavico Corporation.. Xxxxx accepts and agrees to such employment, and agrees
to
be subject to the general supervision, advice and direction of Cavico and
Cavico's supervisory personnel. Xxxxx 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 Xxxxx from
time to
time by Cavico.
2.
BEST EFFORTS OF EMPLOYEE.
Xxxxx
agrees to perform faithfully, industriously, and to the best of Xxxxx'x
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
Cavico.
Such duties shall be provided at such place(s) as the needs, business,
or
opportunities of Cavico may require from time to time.
3.
COMPENSATION OF EMPLOYEE.
As
compensation for the services provided by Xxxxx under this
Agreement, Xx
Xxxxx
will receive salary from Cavico Viet Nam and will be paid on the first
day of
each month.
Upon
termination of this Agreement, payments under this paragraph shall cease;
provided, however, that Xxxxx shall be entitled to payments for periods
or
partial periods that occurred prior to the date of termination and for
which
Xxxxx has not yet been paid, and for any commission earned in accordance
with
Cavico's customary procedures, if applicable. Accrued vacation will be
paid in
accordance with state law and Cavico's customary procedures. This section
of the
Agreement is included only for accounting and payroll purposes and should
not be
construed as establishing a minimum or definite term of employment.
4.
EXPENSE REIMBURSEMENT. Cavico
will reimburse Xxxxx for "out-of-pocket" expenses incurred by Xxxxx in
accordance with Cavico's policies in effect from time to time.
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5.
RECOMMENDATIONS FOR IMPROVING OPERATIONS.
Xxxxx
shall provide Cavico with all information, suggestions, and recommendations
regarding Cavico's business, of which Xxxxx has knowledge, that will be
of
benefit to Cavico.
6.
CONFIDENTIALITY.
Xxxxx
recognizes that Cavico has and will have information regarding the
following:
-
inventions
-
products
-
product
design
-
processes
-
technical matters
-
trade
secrets
-
copyrights
-
customer lists
-
prices
-
costs
-
discounts
-
business affairs
-
future
plans
and
other
vital information items (collectively, "Information") which are valuable,
special and unique assets of Cavico. Xxxxx agrees that Xxxxx will not at
any
time or in any manner, either directly or indirectly, divulge, disclose,
or
communicate any Information to any third party without the prior written
consent
of Cavico. Xxxxx will protect the Information and treat it as strictly
confidential. A violation by Xxxxx of this paragraph shall be a material
violation of this Agreement and will justify legal and/or equitable relief.
7. UNAUTHORIZED
DISCLOSURE OF INFORMATION.
If it
appears that Xxxxx has disclosed (or has threatened to disclose) Information
in
violation of this Agreement, Cavico shall be entitled to an injunction
to
restrain Xxxxx from disclosing, in whole or in part, such Information,
or from
providing any services to any party to whom such Information has been disclosed
or may be disclosed. Cavico shall not be prohibited by this provision from
pursuing other remedies, including a claim for losses and damages.
8. CONFIDENTIALITY
AFTER TERMINATION OF EMPLOYMENT.
The
confidentiality provisions of this Agreement shall remain in full force
and
effect for a 1 year period after the termination of Xxxxx'x employment.
During
such 1 year period, neither party shall make or permit the making of any
public
announcement or statement of any kind that Xxxxx was formerly employed
by or
connected with Cavico.
9.
VACATION.
Xxxxx
shall be entitled to 14 of paid vacation for each completed year of employment.
Such vacation must be taken at a time mutually convenient to Cavico and
Xxxxx,
and must be approved by Cavico. Requests for vacation shall be submitted
to
Xxxxx'x immediate supervisor 14 days in advance of the requested beginning
date.
The
provisions of this Vacation section are subject to change in accordance
with
Cavico policies in effect from time to time.
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10.
SICK LEAVE. Xxxxx
shall be entitled to 6 day(s) paid time, due to illness or for personal
business, for each year of employment, with the year to be measured using
Xxxxx'x starting date as the point of beginning. Unused sick leave benefits
as
of December 31 of each year may be converted into cash compensation at
a rate of
$25.00 per hour. Sick leave may be accumulated from year to year up to
a total
of 6 days; excess amounts shall be forfeited.
All
requests for sick days off shall be made by Xxxxx in accordance with Cavico
policies in effect from time to time.
The
provisions of this Sick Leave section are subject to change in accordance
with
Cavico policies in effect from time to time.
11.
PERSONAL LEAVE. Xxxxx
shall be entitled to 6 day(s) unpaid time, for personal business or due
to
illness, for each year of employment, with the year to be measured using
Xxxxx'x
starting date as the point of beginning. Personal leave benefits may not
be
converted into cash compensation. Xxxxx'x rights to unused personal leave
benefits shall be forfeited upon termination of employment. Personal leave
may
not be accumulated from year to year; unused benefits shall be forfeited.
All
requests for personal days off shall be made by Xxxxx in accordance with
Cavico
policies in effect from time to time.
The
provisions of this Personal Leave section are subject to change in accordance
with Cavico policies in effect from time to time.
12.
HOLIDAYS. Xxxxx
shall be entitled to the following holidays with pay during each calendar
year:
-
New
Year's Day
-
Memorial Day
-
4th of
July
-
Labor
Day
-
Thanksgiving Day
-
Christmas Day
The
provisions of this Holidays section are subject to change in accordance
with
Cavico policies in effect from time to time.
13.
INSURANCE BENEFITS.
Xxxxx
shall be entitled to insurance benefits, in accordance with Cavico's applicable
insurance contract(s) and policies, and applicable state law. These benefits
shall include:
-
health
insurance
-
disability insurance
-
life
insurance
The
provisions of this Insurance Benefits section are subject to change in
accordance with Cavico policies in effect from time to time.
Xxxxx
shall be able to participate in Cavico's pension plan in accordance with
the
plan's terms and the requirements of law.
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14.
TERM/TERMINATION.
Xxxxx'x
employment under this Agreement shall be for an unspecified term on an
"at will"
basis. This Agreement may be terminated by Cavico upon 30 days written
notice,
and by Xxxxx upon 30 days written notice. If Xxxxx is in violation of this
Agreement, Cavico may terminate employment without notice and with compensation
to Xxxxx only to the date of such termination. The compensation paid under
this
Agreement shall be Xxxxx'x exclusive remedy.
15.
TERMINATION FOR DISABILITY.
Cavico
shall have the option to terminate this Agreement, if Xxxxx becomes permanently
disabled and is no longer able to perform the essential functions of the
position with reasonable accommodation. Cavico shall exercise this option
by
giving 30 days written notice to Xxxxx.
16.
COMPLIANCE WITH EMPLOYER'S RULES.
Xxxxx
agrees to comply with all of the rules and regulations of Cavico.
17.
RETURN OF PROPERTY. Upon
termination of this Agreement, Xxxxx shall deliver to Cavico all property
which
is Cavico's property or related to Cavico's business (including keys, records,
notes, data, memoranda, models, and equipment) that is in Xxxxx'x possession
or
under Xxxxx'x control. Such obligation shall be governed by any separate
confidentiality or proprietary rights agreement signed by Xxxxx.
18.
NOTICES. All
notices required or permitted under this Agreement shall be in writing
and shall
be deemed delivered when delivered in person or on the third day after
being
deposited in the United States mail, postage paid, addressed as
follows:
Employer:
Ha
Xxxxx
Xxx
CEO
&
Chairman
00000
Xxxxx Xxxx, Xxxxx 0000
Xxxxxxxxxxx
Xxxxx, Xxxxxxxxxx 00000
Employee:
Xxxxx
Xxxx Xxx
Such
addresses may be changed from time to time by either party by providing
written
notice in the manner set forth above.
19.
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.
20.
AMENDMENT. This
Agreement may be modified or amended, if the amendment is made in writing
and is
signed by both parties.
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21.
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.
22.
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.
23.
APPLICABLE LAW. This
Agreement shall be governed by the laws of the State of California.
EMPLOYER:
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By:
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/s/
Ha Xxxxx Xxx
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Date:
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Ha
Xxxxx Xxx
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CEO &
Chirman
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AGREED
TO AND ACCEPTED.
EMPLOYEE:
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/s/
Xxxxx Xxxx Xxx
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Date:
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Xxxxx
Xxxx Xxx
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