Exhibit 10.24
Employment Contract
Between
Xx. Xxxxx X. Xxx
H. Xxxxxxxxxxxx 00
0000 XX Xxxxxxxxx, Xxxxxxxxxxx
-further referred to as Employee-
and
DIALOG4 System Engineering GmbH
Businesspark Monrepor
71634 Ludwigsburg
-further referred to as DIALOG4-
the following non-union employment contract has been entered into:
1
Employment
Xx. Xxx has been appointed International Sales Director (with the exception of
Germany). The period of probation is six months and can be terminated by both
parties two weeks to months end, within this time perion.
Xx. Xxx is responsible for fulfilment of the target figures in the sales areas
which have been allocated to him. The target figures for year 2000 in Western
Europe are a minimum of DM 2,6 million and a minimum of DM 855,000 for Eastern
Europe.
2
Begin Contractual Relationship
The contractual relationship will begin on 01.05.2000. The weekly working time
is 40 hours. The daily core time has been fixed as follows:
Monday to Friday 09.00 hrs to 12.00 hrs
13.00 hrs to 18.00 hrs
The core time is not binding and may be adapted in mutual agreement.
The working time may be extended in mutual agreement according to business
demands. Necessary overtime for field services and trade shows will not be
especially compensated for.
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Employment Contract-Xxxxx X. Xxx Translation NP 13.04.2004
3
Salary
Xx. Xxx will draw an annual gross salary of DM 106,500. The payment of salary
is to be effected by the 5th day of each month and 12 times a year.
Xx. Xxx will receive an additional monthly commission of 0,5% based on invoiced
sales in the allocated sales areas. The calculation of commission is to be made
in the following month. When exceeding an export turnover of more than DM 2
million per annum, Xx. Xxx will receive commission of 1,5%; when exceeding more
than DM 2,5 million per annum, commission of 2,0%; and when exceeding more than
DM 3,0 million per annum, a commission of 2,5%.
Alterations to commission regulations will be determined in yearly intervals.
4
Vacation
Xx. Xxx is entitled to 30 working days vacation.
The time of vacation depends on business requirements and must be approved by
company management.
There will be no ban on leave during the probation period.
5
Period of Notice
The employment contract can be terminated by both parties according to the
statutory period of notice, in writing.
6
Expense Regulations
The reimbursement of expenses for business travels is according to legal
provisions.
Expenses must be budgeted for on a monthly basis and approved by company
management.
7
Bound to Secrecy
Concerns all business matters, in particular technical documentation, patent
specifications and circuit diagrams; and persons for whom these matters are not
intended. The Employee is bound to secrecy also after termination of
employment. The passing on of documentation in whole or in part, in original or
transcript, is strictly forbidden.
8
Exclusiveness Stipulation
The Employee is obliged to non-involvement, indirectly or directly, in an area
that stands at the time of termination of contract in direct and product
related competition to Dialog4, for the duration of one year after termination
of contract. In the product area of ISDN codecs, this would currently apply to
the companies AVT, CCS and other manufacturers of audio codecs which are direct
competitor products to the MusicTAXI of the company Dialog4. This applies to
all other product areas.
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Employment Contract-Xxxxx X. Xxx Translation NP 13.04.2004
9
Concluding Regulations
1. Alterations to this contract are to made in writing.
2. If any individual provisions contained in these conditions should be or
become invalid, the conracting parties are to undertake to reach a mutually
acceptable ruling which constitutes the closest possible equivalent to the
intention pursued by the invalid clause within the framework of what is
legally admissible.
3. The Local Court of Ludwigsburg shall have jurisdiction and venue ovrall all
and any legal disputes arising in connection with this contract.
4. Verbal arrangements do not exist.
Signed in Ludwigsbury on April 13th, 2000
by /s/ Berthold Burkhardtsmaier
----------------------------
DIALOG4 System Engineering GmbH
Berthold Burkhardtsmaier
Managing Director
Signed in Purmerend on April 13, 2002
by /s/ Xxxxx X. Xxx
----------------------------
Xxxxx X. Xxx
Concurring Enclosure:
Forecast Figures according to Annex 1
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Employment Contract-Xxxxx X. Xxx Translation NP 13.04.2004
