0000927089-09-000198 Sample Contracts

EMPLOYMENT AGREEMENT
Employment Agreement • October 5th, 2009 • Imperial Capital Bancorp, Inc. • State commercial banks • California

This Employment Agreement (this “Agreement”) is entered into by and between Imperial Capital Bancorp, a California bank holding company (“Bancorp”) and Imperial Capital Bank, a California bank (“Bank”) and Joseph W. Kiley III, an individual (“Executive”), as of October 1, 2009 (the “Effective Date”) and shall be in effect for the period of one year, subject to renewal for such term as may be agreed upon by the parties. As used herein, “Company” refers jointly and individually to the Bancorp and Bank. This Agreement by and between the Company and Executive (collectively referred to as the “Parties”) is intended, where applicable, to comply with section 409A of the Internal Revenue Code of 1986, as amended (“Code”). While following execution this Agreement shall be effective as of the Effective Date, it shall not be executed by the parties or become effective until all required regulatory approvals have been received.

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