Question
Can you please fix draft employment agreement for Mr. Marshall Manager with Amertex Healthcare Inc for me and add a (signature block). also someone haven't
Can you please fix draft employment agreement for Mr. Marshall Manager with Amertex Healthcare Inc for me and add a (signature block). also someone haven't finished the whole contract I wish someone can help me with this and make it longer. please help me with it I really need it.
BELOW IS THE CONTRACT
EMPLOYMENT AGREEMENT
This Employment Agreement ("Agreement") is made and entered into as of this 17th day of September, 2023, by and between Amertex Healthcare, Inc., a Delaware corporation with its principal place of business located at 2691 Keystone Ave, Fort Worth, TX 76104 ("Employer" or "Amertex"), and Mr. Marshall Manager, an individual residing at 1999 Century Rd, Colleyville, TX 76034 ("Employee" or "Manager").
RECITALS[1]
WHEREAS, Amertex is a healthcare services company that owns and operates multiple hospitals, including Tarrant Amertex Regional Hospital located in Fort Worth, Texas;
WHEREAS, Amertex desires to employ Manager as the Chief Executive Officer of Tarrant Amertex Regional Hospital, and Manager desires to accept such employment, all on the terms and conditions set forth in this Agreement;
WHEREAS, Manager represents and warrants that his employment with Amertex will not violate any existing contractual obligations he may have with his current employer, Valley Hospital Corp.[2]
NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. EMPLOYMENT AND DUTIES[3]
1.1 Employment. Amertex hereby employs Manager, and Manager hereby accepts employment with Amertex, as the Chief Executive Officer of Tarrant Amertex Regional Hospital, upon the terms and conditions set forth in this Agreement.
1.2 Duties. Manager shall have such duties, responsibilities, and authority as are customary for the position of Chief Executive Officer of a major hospital, including but not limited to
(a) overall management and operation of Tarrant Amertex Regional Hospital.
(b) oversight of the hospital's financial performance and budgeting.
(c) staffing and personnel management.
(d) strategic planning and implementation.
(e) compliance with applicable laws and regulations. Manager shall report directly to the Board of Directors of Amertex or its designee.
1.3 Devotion of Time. Manager shall devote his full business time, attention, and energies to the business of Amertex and shall not, during the Term of Employment (as defined herein), be engaged in any other business activity which would conflict with the performance of his duties under this Agreement, whether or not such activity is pursued for gain, profit, or other pecuniary advantage.[4]
2. TERM OF EMPLOYMENT
2.1 Term. The term of Manager's employment under this Agreement shall commence on November 1, 2023 (the "Effective Date"), and shall continue until October 31, 2026 (the "Term of Employment"), unless earlier terminated in accordance with the provisions of this Agreement.
3. COMPENSATION AND BENEFITS
3.1 Base Salary. During the Term of Employment, Amertex shall pay Manager a base salary at the rate of $15,000 per month (the "Base Salary"), payable in arrears on the last business day of each month.
3.2 Expenses. Amertex shall reimburse Manager for all reasonable and necessary business expenses incurred by Manager in the performance of his duties under this Agreement, subject to Amertex's expense reimbursement policies and procedures.
3.3 Benefits. During the Term of Employment, Manager shall be eligible to participate in all employee benefit plans and programs maintained by Amertex and generally available to its senior executives, subject to the terms and conditions of such plans and programs.
4. TERMINATION[5]
4.1 Termination by Amertex for Cause. Amertex may terminate Manager's employment under this Agreement at any time for "Cause." For purposes of this Agreement, "Cause" shall mean:
(a) Manager's willful failure to substantially perform his duties and responsibilities under this Agreement (other than any such failure resulting from incapacity due to physical or mental illness), after a written demand for substantial performance is delivered to Manager by the Board of Directors of Amertex, which specifically identifies the manner in which the Board believes that Manager has not substantially performed his duties and responsibilities, and which gives Manager thirty (30) days to cure such failure;
(b) Manager's willful misconduct, gross negligence, or dishonesty in the performance of his duties under this Agreement, which results in material harm to Amertex;
(c) Manager's conviction of, or plea of guilty or nolo contendere to, a felony or any crime involving moral turpitude;
(d) Manager's material breach of any material provision of this Agreement or any other written agreement between Manager and Amertex, which breach, if curable, is not cured within thirty (30) days after written notice thereof is given to Manager by Amertex; or
(e) Manager's engagement in any conduct that is materially injurious to Amertex or its reputation.
4.2 Termination by Amertex without Cause. Amertex may terminate Manager's employment under this Agreement without Cause at any time upon written notice to Manager.
4.3 Termination by Manager for Good Reason. Manager may terminate his employment under this Agreement for "Good Reason" by providing written notice to Amertex within thirty (30) days after the occurrence of any of the following events:
(a) a material diminution in Manager's duties, responsibilities, or authority;
(b) a material reduction in Manager's Base Salary, unless such reduction is part of a general reduction in the compensation of Amertex's senior executives; or
(c) a material breach by Amertex of any material provision of this Agreement, which breach is not cured within thirty (30) days after written notice thereof is given to Amertex by Manager.
4.4 Termination upon Death or Disability. Manager's employment under this Agreement shall terminate automatically upon Manager's death or Disability. For purposes of this Agreement, "Disability" shall mean Manager's inability to perform the essential functions of his job, with or without reasonable accommodation, due to a physical or mental illness or impairment, for a period of ninety (90) consecutive days or one hundred eighty (180) days in any twelve (12) month period.
4.5 Severance Benefits.
(a) Termination by Amertex for Cause or by Manager without Good Reason. If Manager's employment is terminated by Amertex for Cause or by Manager without Good Reason, Amertex shall pay to Manager (i) any unpaid Base Salary earned through the date of termination and (ii) any unreimbursed business expenses incurred by Manager through the date of termination, in each case payable within three (3) business days following the date of termination.
(b) Termination by Amertex without Cause or by Manager for Good Reason. If Manager's employment is terminated by Amertex without Cause or by Manager for Good Reason, Amertex shall pay to Manager (i) any unpaid Base Salary earned through the date of termination, (ii) any unreimbursed business expenses incurred by Manager through the date of termination and (iii) a severance payment equal to $50,000, in each case payable within three (3) business days following the date of termination.
(c) Termination upon Death or Disability. If Manager's employment is terminated upon his death or Disability, Amertex shall pay to Manager (or his estate or legal representative, as applicable) (i) any unpaid Base Salary earned through the date of termination, and (ii) any unreimbursed business expenses incurred by Manager through the date of termination, in each case payable within three (3) business days following the date of termination.
(d) Release. As a condition to receiving any severance payment under Section 4.5(b), Manager shall execute and deliver to Amertex a general release of all claims against Amertex and its affiliates in a form reasonably satisfactory to Amertex.
Explanation:
5. RESTRICTIVE COVENANTS[6]
5.1 Non-Competition. During the Term of Employment and for a period of one (1) year thereafter, Manager shall not, directly or indirectly, engage in or have any interest in any business that competes with the business of Amertex or its affiliates within a fifty (50) mile radius of any hospital or other facility owned or operated by Amertex or its affiliates.
5.2 Non-Solicitation. During the Term of Employment and for a period of one (1) year thereafter, Manager shall not, directly or indirectly, solicit or attempt to solicit any employee, consultant, or independent contractor of Amertex or its affiliates to terminate his or her relationship with Amertex or its
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