Fixed-Term Employment Contract Template
FIXED-TERM EMPLOYMENT CONTRACT
This Fixed-Term Employment Contract (hereinafter referred to as the "Agreement") is made and entered into on [EFFECTIVE DATE], by and between [EMPLOYER LEGAL NAME], a [STATE OF INCORPORATION] [CORPORATION/LIMITED LIABILITY COMPANY] duly organized and existing under the laws of the United States of America, having its principal place of business located at [EMPLOYER ADDRESS] (hereinafter referred to as the "Employer"), and [EMPLOYEE FULL LEGAL NAME], an individual residing at [EMPLOYEE ADDRESS] (hereinafter referred to as the "Employee"). The Employer and the Employee may be referred to herein individually as a "Party" and collectively as the "Parties".
WHEREAS, the Employer desires to engage the Employee for a defined and limited period of time in order to [DESCRIBE PURPOSE, e.g., staff a specific project / cover a leave of absence / fulfill a time-limited business need]; and
WHEREAS, the Employee possesses the requisite skills, experience and qualifications to perform the duties associated with the position described herein and desires to be employed by the Employer upon the terms and conditions set forth in this Agreement; and
WHEREAS, the Parties expressly acknowledge and agree that the employment relationship created by this Agreement is a fixed-term employment relationship intended to terminate automatically upon the expiration of the Term, subject only to the provisions regarding early termination and renewal expressly set forth herein;
NOW, THEREFORE, in consideration of the mutual covenants, promises and obligations contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties, intending to be legally bound, agree as follows.
Definitions and Interpretation
For purposes of this Agreement, the following capitalized terms shall have the meanings ascribed to them below, and such definitions shall apply equally to the singular and plural forms of the terms defined.
"Confidential Information" shall mean any and all non-public, proprietary or confidential information in whatever form or medium, whether tangible or intangible, written, oral, electronic or otherwise, relating to the business, operations, affairs, finances, customers, suppliers, employees, products, services, technology, methods, processes, trade secrets, know-how, strategies, forecasts, plans or prospects of the Employer or any of its affiliates, that is disclosed to, observed by, or developed by the Employee in connection with the Employee's employment hereunder, whether or not marked, designated or otherwise identified as "confidential".
"Effective Date" shall mean the date first written above, which shall constitute the commencement date of the Employee's employment under this Agreement.
"Term" shall mean the fixed period of employment commencing on the Effective Date and expiring on the Expiration Date, as such Term may be extended pursuant to the provisions of this Agreement.
"Expiration Date" shall mean the date occurring 12 (twelve) months after the Effective Date, upon which the Term shall automatically expire without further notice or action required by either Party, unless renewed or extended in accordance with the terms hereof.
"Cause" shall mean, with respect to the Employee, (i) material breach of any provision of this Agreement or of any lawful policy of the Employer; (ii) willful misconduct, gross negligence, dishonesty, fraud or embezzlement; (iii) conviction of, or plea of guilty or nolo contendere to, any felony or any crime involving moral turpitude; (iv) persistent failure or refusal to perform the duties reasonably assigned to the Employee; or (v) any act or omission that materially and adversely affects the reputation, business or interests of the Employer.
"Good Reason" shall mean, with respect to the Employee, (i) a material diminution in the Employee's duties, authority or responsibilities; (ii) a material reduction in the Employee's Base Salary other than a reduction applied generally to similarly situated employees; or (iii) a material breach by the Employer of its obligations under this Agreement, in each case which remains uncured for a period of 30 (thirty) days following written notice thereof delivered by the Employee to the Employer.
Headings used in this Agreement are inserted for convenience of reference only and shall not affect the interpretation or construction of any provision hereof. References to "including" shall be construed as "including without limitation". Words importing one gender include all genders, and words importing the singular include the plural and vice versa.
Term of Employment
The Employer hereby engages and employs the Employee, and the Employee hereby accepts such engagement and employment, for a fixed term commencing on the Effective Date and expiring automatically on the Expiration Date, unless sooner terminated in accordance with the provisions of this Agreement or extended by mutual written agreement of the Parties as provided herein.
The Parties expressly acknowledge and agree that the employment relationship established hereunder is of a fixed-term nature and shall not be construed as an at-will employment relationship of indefinite duration. Notwithstanding the foregoing, each Party shall retain the right to terminate this Agreement prior to the Expiration Date in accordance with the early termination provisions set forth herein.
The first [NUMBER] days of the Term shall constitute a probationary period during which either Party may terminate this Agreement with [NUMBER] days' prior written notice, without obligation to provide any severance or additional compensation beyond amounts accrued through the effective date of termination.
Upon the expiration of the Term, this Agreement shall terminate automatically by operation of its own terms, without the requirement of any further notice, action or formality by either Party, and the Employee shall not be entitled to any severance payment, continuation of benefits or other compensation other than amounts accrued and unpaid as of the Expiration Date.
The Parties agree that any continuation of the Employee's services beyond the Expiration Date without the execution of a written renewal, extension or new employment agreement shall not create any presumption or inference of an indefinite employment relationship, and such continued services, if any, shall be deemed to be on a day-to-day basis terminable by either Party at will, subject to the mandatory requirements of applicable law.
Position, Duties and Responsibilities
The Employee shall be employed in the position of [POSITION TITLE] and shall report directly to [SUPERVISOR TITLE] or such other individual as the Employer may designate from time to time in its reasonable discretion.
The Employee shall perform all duties, functions and responsibilities customarily associated with the position described herein, together with such other duties as may reasonably be assigned to the Employee by the Employer from time to time consistent with the Employee's position, experience and qualifications, including but not limited to [DESCRIBE PRINCIPAL DUTIES AND RESPONSIBILITIES].
The Employee shall devote the Employee's full business time, attention, skill and best efforts to the performance of the Employee's duties hereunder and to the promotion of the business and interests of the Employer, and shall faithfully and diligently discharge all duties assigned in a competent, professional and ethical manner.
During the Term, the Employee shall not, directly or indirectly, engage in any other business activity, employment, consultancy or occupation, whether for compensation or otherwise, that would reasonably be expected to interfere with the Employee's performance of duties hereunder or create a conflict of interest with the Employer, without the prior written consent of the Employer, which consent shall not be unreasonably withheld.
The Employee shall at all times comply with all lawful directives, instructions and policies of the Employer, shall act in good faith and in the best interests of the Employer, and shall observe the highest standards of professional conduct and business ethics.
The Employee shall promptly disclose to the Employer any actual or potential conflict of interest, as well as any material event or circumstance that could reasonably be expected to affect the Employee's ability to perform the duties required under this Agreement.
Place of Work and Hours of Work
The Employee's principal place of work shall be the Employer's offices located at [WORK LOCATION ADDRESS]. The Parties acknowledge and agree that this is a full-time, on-site employment arrangement, and the Employee shall be physically present at such location during normal business hours, except as otherwise agreed in writing or as required by business travel.
The Employee may be required, from time to time, to travel domestically or internationally on behalf of the Employer in connection with the performance of the Employee's duties, with all reasonable travel expenses to be reimbursed in accordance with the Employer's travel and expense policies.
The Employee's regular working hours shall be [WORKING HOURS, e.g., 9:00 a.m. to 5:00 p.m.], Monday through Friday, with a total of [NUMBER] hours per week, exclusive of any unpaid meal breaks, subject to any adjustments reasonably required by the needs of the business.
The Employee acknowledges that the duties and responsibilities of the position may from time to time require work in excess of standard working hours, including evenings, weekends and holidays, and the Employee agrees to perform such additional work as reasonably necessary to fulfill the Employee's obligations hereunder, subject to applicable law regarding overtime compensation where the Employee is classified as non-exempt.
The Employer reserves the right, upon reasonable prior notice to the Employee, to change the Employee's regular working hours, work schedule or primary place of work in response to legitimate business needs, provided that any such change shall be reasonable in scope and shall not constitute a material diminution of the Employee's position for purposes of this Agreement.
Compensation and Payroll
In consideration of the services to be rendered by the Employee hereunder, the Employer shall pay to the Employee a base salary at the annualized rate of [BASE SALARY AMOUNT] United States Dollars (US$[AMOUNT]) per annum (the "Base Salary"), payable in substantially equal installments in accordance with the Employer's regular payroll practices, but in no event less frequently than required by applicable law.
The Base Salary shall be subject to review by the Employer during the Term, in its sole discretion, but shall not be reduced during the Term except pursuant to a general reduction applied uniformly to similarly situated employees of the Employer.
In addition to the Base Salary, the Employee may be eligible to receive a discretionary performance bonus in an amount of up to [BONUS AMOUNT OR PERCENTAGE], subject to the achievement of such performance objectives as may be established by the Employer in its reasonable discretion, provided that the Employee remains actively employed by the Employer on the date such bonus is paid.
All compensation payable to the Employee hereunder shall be subject to all applicable federal, state and local tax withholdings, deductions and contributions required by law, as well as any voluntary deductions authorized by the Employee in writing.
The Employer shall maintain complete and accurate payroll records in accordance with applicable law, and shall furnish to the Employee all required wage statements and tax forms within the timeframes mandated by applicable law.
In the event of overpayment or erroneous payment of any amounts to the Employee, the Employee shall promptly repay such amounts to the Employer upon written demand, and the Employer may, to the extent permitted by applicable law, offset such amounts against future compensation payable to the Employee.
Employee Benefits and Paid Time Off
During the Term, the Employee shall be eligible to participate in all employee benefit plans, programs and arrangements generally made available to similarly situated full-time employees of the Employer, including, where applicable, health insurance, dental insurance, vision insurance, retirement plans, life insurance and disability insurance, subject in each case to the terms, conditions and eligibility requirements of the applicable plan documents.
The Employee shall be entitled to [NUMBER] days of paid vacation per full year of employment, which shall accrue on a pro-rata basis throughout the Term and shall be taken at such times as are mutually convenient to the Employer and the Employee, subject to the Employer's prior approval and the operational needs of the business.
The Employee shall be entitled to [NUMBER] days of paid sick leave per year, to be used in accordance with the Employer's sick leave policies and applicable law, and shall promptly notify the Employer of any absence due to illness or incapacity.
The Employee shall be entitled to all paid holidays recognized by the Employer in accordance with its holiday schedule in effect from time to time, which shall be made available to the Employee upon request.
Unused vacation and sick leave shall be governed by the Employer's written policies and applicable law, and shall not accrue or carry over beyond the limits set forth therein except to the extent required by applicable law.
The Employer reserves the right to amend, modify, suspend or terminate any employee benefit plan, program or policy at any time, in its sole discretion, subject to applicable law, and no provision of this Agreement shall be construed as granting the Employee a vested right in any particular benefit beyond the terms of the applicable plan documents.
Upon termination or expiration of this Agreement, the Employee's eligibility for and participation in all employee benefit plans shall cease in accordance with the terms of such plans, subject to any continuation rights required by applicable law.
Expense Reimbursement
The Employer shall reimburse the Employee for all reasonable and necessary business expenses actually incurred by the Employee in the performance of the Employee's duties hereunder, provided that such expenses are incurred in accordance with the Employer's written expense reimbursement policy in effect from time to time.
To be eligible for reimbursement, the Employee shall submit written expense reports, together with such receipts, invoices and other supporting documentation as the Employer may reasonably require, within [NUMBER] days following the date on which the expense was incurred.
Reimbursements shall be made by the Employer within [NUMBER] days following receipt of a properly documented expense report, subject to review and approval by the appropriate personnel of the Employer.
The Employer reserves the right to deny reimbursement for any expense that was not incurred in accordance with its expense reimbursement policy, that is not adequately substantiated, or that is deemed to be unreasonable or unnecessary in the Employer's reasonable judgment.
The Employee shall not be entitled to reimbursement for any personal expenses or expenses incurred in violation of the Employer's policies, and any such expenses charged to the Employer shall be promptly repaid by the Employee upon written demand.
Renewal and Extension
This Agreement may be renewed or extended beyond the Expiration Date only by the mutual written agreement of the Parties, executed by authorized representatives of both Parties and specifying the terms and conditions of such renewal or extension.
Neither Party shall be under any obligation whatsoever to agree to any renewal or extension of this Agreement, and the failure or refusal to agree to such renewal or extension shall not give rise to any claim, cause of action, liability or compensation of any kind.
Discussions, negotiations or expressions of interest regarding a potential renewal or extension, whether oral or written, shall not be binding on either Party and shall not create any obligation to enter into a renewal or extension absent a definitive written agreement duly executed by both Parties.
In the event the Parties agree to renew or extend this Agreement, all terms and conditions of this Agreement shall remain in full force and effect during the extended Term, except to the extent expressly modified by the written renewal or extension agreement.
If no written renewal or extension agreement is executed on or before the Expiration Date, this Agreement shall terminate automatically and all rights and obligations of the Parties hereunder shall cease, except for those provisions that by their nature are intended to survive termination.
Early Termination
Notwithstanding the fixed nature of the Term, either Party may terminate this Agreement prior to the Expiration Date by providing to the other Party not less than [NUMBER] days' prior written notice of termination, specifying the effective date of termination.
The Employer may terminate this Agreement immediately for Cause by delivering written notice to the Employee, without any obligation to provide the notice period described above or to pay any severance or additional compensation other than amounts accrued and unpaid through the effective date of termination.
The Employee may terminate this Agreement immediately for Good Reason by delivering written notice to the Employer, provided that the Employee has first given the Employer a reasonable opportunity to cure as provided in the definition of Good Reason.
In lieu of all or any portion of the required notice period, the Employer may, in its sole discretion, elect to pay the Employee the Base Salary that would have been payable during such notice period and terminate the Employee's active employment immediately.
This Agreement shall terminate automatically upon the death of the Employee or upon the Employee's permanent disability that prevents the Employee from performing the essential functions of the Employee's position, with or without reasonable accommodation, for a period of [NUMBER] consecutive days or [NUMBER] days in any 12 (twelve) month period.
During any notice period, the Employer may, in its sole discretion, require the Employee to continue performing the Employee's duties, place the Employee on garden leave, assign the Employee to alternative duties, or require the Employee to remain away from the workplace, in each case with continued payment of Base Salary and benefits during such period.
Termination of this Agreement, howsoever occurring, shall be without prejudice to any rights or remedies that either Party may have accrued prior to the effective date of termination.
Effect of Termination and Return of Property
Upon any termination or expiration of this Agreement, the Employer shall pay to the Employee all accrued but unpaid Base Salary, accrued but unused vacation (to the extent required by applicable law or the Employer's policies), and any approved but unreimbursed business expenses, in each case through the effective date of termination.
Except as expressly provided herein or as required by applicable law, the Employee shall not be entitled to any severance pay, continuation of benefits, bonus, or other post-termination compensation of any kind.
Upon any termination or expiration of this Agreement, the Employee shall promptly return to the Employer all property of the Employer in the Employee's possession, custody or control, including but not limited to documents, files, records, computers, mobile devices, keys, access cards, credit cards, equipment, materials and all copies thereof, whether in physical or electronic form.
The Employee shall further permanently delete or destroy, and certify in writing to the Employer the deletion or destruction of, all Confidential Information stored on any personal devices, personal cloud accounts or other personal media of the Employee.
The Employee shall cooperate fully with the Employer in the transition of the Employee's duties and responsibilities, including providing information and assistance as reasonably requested to facilitate the orderly transfer of work to the Employee's successor or other personnel of the Employer.
The provisions of this Agreement which by their nature are intended to survive termination or expiration, including without limitation the provisions regarding confidentiality, intellectual property, representations and warranties, governing law and dispute resolution, shall survive such termination or expiration and remain in full force and effect.
Confidentiality and Non-Disclosure
The Employee acknowledges that during the course of the Employee's employment, the Employee will have access to Confidential Information of the Employer, and that such Confidential Information constitutes valuable, special and unique property of the Employer, the unauthorized disclosure or use of which would cause irreparable harm to the Employer.
The Employee covenants and agrees that, during the Term and at all times thereafter, the Employee shall hold all Confidential Information in strict confidence and shall not, directly or indirectly, disclose, publish, communicate or make available any Confidential Information to any third party, nor use any Confidential Information for any purpose other than the proper performance of the Employee's duties on behalf of the Employer.
The Employee shall take all reasonable precautions to safeguard the confidentiality of the Confidential Information, including but not limited to maintaining physical and electronic security measures and refraining from discussing Confidential Information in public or unsecured settings.
The obligations of confidentiality set forth herein shall not apply to information that (i) is or becomes publicly available through no fault or breach of the Employee; (ii) was rightfully known to the Employee prior to disclosure by the Employer, as evidenced by written records; (iii) is rightfully obtained by the Employee from a third party not under an obligation of confidentiality; or (iv) is required to be disclosed by applicable law or valid legal process, provided that the Employee gives the Employer prompt written notice of such requirement and cooperates with the Employer in seeking a protective order or other appropriate remedy.
Nothing in this Agreement shall prohibit or restrict the Employee from reporting possible violations of federal, state or local law or regulation to any governmental agency or entity, from making other disclosures protected under applicable whistleblower provisions, or from exercising any rights that cannot lawfully be waived.
The Employee acknowledges that any breach or threatened breach of the confidentiality obligations set forth in this section would cause irreparable harm to the Employer for which monetary damages would be an inadequate remedy, and that the Employer shall be entitled to seek injunctive relief and other equitable remedies, in addition to any other remedies available at law or in equity.
Intellectual Property Rights
The Employee acknowledges and agrees that all inventions, discoveries, developments, improvements, designs, works of authorship, software, data, databases, processes, methods, techniques, trademarks, copyrights, trade secrets and other intellectual property, whether or not patentable or registrable (collectively, "Work Product"), that are created, conceived, developed or reduced to practice by the Employee, whether alone or jointly with others, during the Term and that (i) relate to the Employer's business, actual or demonstrably anticipated research or development, or (ii) result from or are suggested by any work performed by the Employee for or on behalf of the Employer, or (iii) are created, conceived or developed using the Employer's resources, time, facilities, materials or Confidential Information, shall be the sole and exclusive property of the Employer.
All such Work Product shall be deemed "work made for hire" to the maximum extent permitted by applicable law, and to the extent any such Work Product does not qualify as "work made for hire", the Employee hereby irrevocably assigns, transfers and conveys to the Employer, without further consideration, all right, title and interest in and to such Work Product, including all intellectual property rights therein, throughout the world and in perpetuity.
The Employee shall promptly disclose in writing to the Employer all such Work Product and shall execute all documents and take all actions reasonably requested by the Employer, at the Employer's expense, to perfect, protect, maintain, enforce or defend the Employer's rights in such Work Product, both during and after the Term.
Notwithstanding the foregoing, this Agreement does not require the assignment of, and does not apply to, any invention or other work product that the Employee developed entirely on the Employee's own time without using the Employer's equipment, supplies, facilities, resources or Confidential Information, and that does not relate to the Employer's business or actual or demonstrably anticipated research or development, and that does not result from any work performed by the Employee for the Employer.
The Employee hereby waives, to the maximum extent permitted by applicable law, any and all moral rights, rights of attribution and rights of integrity that the Employee may have in any Work Product assigned to the Employer hereunder.
The Employee represents and warrants that the Employee has disclosed to the Employer in writing, prior to the Effective Date, a complete list of all inventions, works of authorship and other intellectual property owned by the Employee or in which the Employee has any right, title or interest that were created or developed by the Employee prior to the Effective Date and that the Employee wishes to exclude from the operation of this section.
Representations and Warranties
The Employee hereby represents and warrants to the Employer that (i) the Employee has the full right, power and authority to enter into this Agreement and to perform the Employee's obligations hereunder; (ii) the Employee's execution and performance of this Agreement does not and will not violate or conflict with any other agreement, obligation or legal duty by which the Employee is bound; and (iii) the Employee is legally authorized to work in the United States and shall provide satisfactory documentation of such authorization upon request.
The Employee further represents and warrants that the Employee is not subject to any non-competition, non-solicitation, confidentiality or similar restrictive covenant with any former employer or other third party that would prohibit, restrict or impair the Employee's ability to perform the duties required under this Agreement.
The Employee represents and warrants that all information provided to the Employer in connection with the Employee's application for employment, including the Employee's resume, employment history, educational credentials and references, is true, accurate and complete in all material respects.
The Employer represents and warrants to the Employee that it has the full corporate power and authority to enter into this Agreement, that the execution and performance of this Agreement have been duly authorized by all necessary corporate action, and that this Agreement constitutes a valid and binding obligation of the Employer enforceable against it in accordance with its terms.
Each Party acknowledges that the other Party has relied upon the representations and warranties set forth in this section as a material inducement to entering into this Agreement, and any material breach of such representations and warranties shall constitute a material breach of this Agreement.
Compliance with Policies and Applicable Law
The Employee shall at all times comply with all policies, procedures, rules, regulations and standards of conduct established by the Employer from time to time, including without limitation policies relating to anti-discrimination, anti-harassment, workplace safety, data protection, information security, drug and alcohol use, conflicts of interest, insider trading and ethics.
The Employee acknowledges receipt of, or shall acknowledge receipt of upon delivery, the Employer's employee handbook and all other written policies currently in effect, and agrees to familiarize the Employee with and abide by the provisions thereof.
The Employee shall comply with all applicable federal, state and local laws, regulations and ordinances relating to the Employee's employment and the performance of the Employee's duties hereunder, including without limitation laws relating to employment, immigration, taxation, intellectual property, data privacy and workplace conduct.
The Employer reserves the right to amend, modify, supplement or rescind any of its policies at any time, in its sole discretion, and the Employee shall be bound by such modifications upon notice thereof, provided that no such modification shall materially diminish the Employee's rights expressly set forth in this Agreement without the Employee's written consent.
In the event of any conflict between the terms of this Agreement and the terms of any policy of the Employer, the terms of this Agreement shall control.
The Employee's failure to comply with any policy of the Employer or any applicable law may constitute grounds for discipline up to and including termination for Cause, in addition to any other remedies available to the Employer.
Notices
All notices, consents, requests, demands and other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given when (i) delivered personally, (ii) sent by certified or registered mail, return receipt requested, postage prepaid, (iii) sent by a nationally recognized overnight courier service with tracking capability, or (iv) sent by electronic mail with confirmation of receipt.
Notices to the Employer shall be addressed to: [EMPLOYER NAME], [EMPLOYER ADDRESS], Attention: [DESIGNATED RECIPIENT], Email: [EMPLOYER EMAIL].
Notices to the Employee shall be addressed to the Employee at the Employee's most recent address and personal email address on file with the Employer, or to such other address as the Employee may designate in writing.
Either Party may change its address for the receipt of notices by providing written notice of such change to the other Party in accordance with the provisions of this section.
Notices shall be deemed effective (i) upon receipt, if delivered personally; (ii) three (3) business days after mailing, if sent by certified or registered mail; (iii) one (1) business day after dispatch, if sent by overnight courier; or (iv) upon confirmation of receipt, if sent by electronic mail.
Governing Law and Dispute Resolution
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of [GOVERNING STATE], United States of America, without regard to its conflict of laws principles that would require the application of the laws of another jurisdiction.
The Parties shall first attempt in good faith to resolve any dispute, controversy or claim arising out of or relating to this Agreement through informal negotiation between designated representatives of each Party, for a period of not less than [NUMBER] days following written notice of the dispute by one Party to the other.
If the dispute is not resolved through informal negotiation, the Parties agree to submit the dispute to non-binding mediation administered by a mutually agreed mediator, with the costs of mediation to be borne equally by the Parties.
Any dispute, controversy or claim that remains unresolved following mediation shall be resolved by binding arbitration administered by [ARBITRATION PROVIDER, e.g., the American Arbitration Association] in accordance with its then-applicable employment arbitration rules, conducted by a single arbitrator in [CITY, STATE], United States of America, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Notwithstanding the foregoing, either Party may seek temporary or preliminary injunctive relief in any court of competent jurisdiction in order to protect its rights pending the resolution of any dispute through the procedures set forth herein.
Each Party shall bear its own attorneys' fees and costs in connection with any dispute resolution proceeding hereunder, except that the arbitrator or court, as applicable, shall have the authority to award attorneys' fees and costs to the prevailing Party to the extent permitted by applicable law.
Nothing in this section shall be construed to limit any rights that the Employee may have under applicable law that cannot lawfully be waived.
Miscellaneous Provisions
This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, between the Parties relating to such subject matter.
No amendment, modification, supplement or waiver of any provision of this Agreement shall be effective unless in writing and signed by both Parties, and no waiver of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.
If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction or arbitrator, such provision shall be deemed modified to the minimum extent necessary to render it valid, legal and enforceable, and the remaining provisions of this Agreement shall remain in full force and effect.
Neither Party may assign, transfer or delegate any of its rights or obligations under this Agreement without the prior written consent of the other Party; provided, however, that the Employer may assign this Agreement to any successor to all or substantially all of its business or assets, whether by merger, consolidation, sale or otherwise, without the consent of the Employee.
This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, personal representatives, successors and permitted assigns.
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures delivered by facsimile, electronic mail (including PDF) or other electronic transmission shall be deemed to have the same legal effect as original signatures.
The Parties acknowledge that they have each had the opportunity to review this Agreement with counsel of their own choosing, and this Agreement shall not be construed against either Party as the drafter.
Nothing in this Agreement shall be construed as creating a partnership, joint venture, agency or any relationship other than that of employer and employee between the Parties.
IN WITNESS WHEREOF, the Parties have caused this Fixed-Term Employment Contract to be executed as of the Effective Date first above written.
EMPLOYER:
[EMPLOYER LEGAL NAME]
By: ______________________________
Name: [NAME OF AUTHORIZED SIGNATORY]
Title: [TITLE OF AUTHORIZED SIGNATORY]
Date: ______________________________
EMPLOYEE:
______________________________
Name: [EMPLOYEE FULL LEGAL NAME]
Date: ______________________________