ContractEmployment Agreement • July 26th, 2002 • Cheesecake Factory Incorporated • Retail-eating places • Delaware
EXHIBIT 10.12 EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT (the “Agreement”) is entered into this 23rd day of May, 2002, between THE CHEESECAKE FACTORY RESTAURANTS, INC., a California corporation (the “Company”) and MICHAEL BERRY (the “Employee”). WHEREAS, the parties desire to enter into this Agreement setting forth the terms and conditions for the employment relationship of the Employee with the Company. NOW, THEREFORE, in consideration of the promises and mutual covenants and agreements herein contained and intending to be legally bound hereby, the Company and the Employee hereby agree as follows: 1. Certain Terms Defined. For purposes of this Agreement: 1.1 “Permanently Disabled” means a physical or mental condition that occurs and persists which, in the written opinion of a licensed physician (a specialist in the field) selected by the Board in good faith, has rendered Employee unable to perform Employee’s duties hereunder for a period of ninety (90) days or more and, in the wri
