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Title: |
Employment Agreement |
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Entities: |
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Date: |
2005 |
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Size: |
Preview shows 4KB of 22KB total |
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Price: |
$39 |
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ID: |
#1377199 |
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EMPLOYMENT AGREEMENT
This Employment Agreement (the "Agreement") is entered into as of
November 1, 2002 (the "Effective Date") by and between NxStage Medical, Inc., a
Delaware corporation (the "Company" or "NxStage"), and Christopher Manos, an
individual ("Mr. Manos"), residing at Forest Road, Lincoln, MA.
W I T N E S S E T H
WHEREAS, the Company desires to employ Mr. Manos to provide certain
services to the Company subject to the terms set forth herein; and
WHEREAS, Mr. Manos desires to be employed by the Company in return for
certain compensation and benefits.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
set forth herein and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as follows:
1. EMPLOYMENT BY THE COMPANY.
Subject to the terms and conditions set forth in this Agreement, the Company
agrees to employ Mr. Manos to render full-time services to the Company as its
Vice President and Chief Financial Officer. Mr. Manos shall perform the duties
and have the responsibilities and authorities that are customarily associated
with his then current title, and such other duties of an executive nature as may
be assigned from time to time by the President of the Company, consistent with
the Bylaws of the Company. As Chief Financial Officer, Mr. Manos agrees to
devote his best efforts and substantially all of his business time and attention
(except for vacation periods as set forth herein and reasonable periods of
illness or other incapacities permitted by the Company's general employment
policies or, in the absence of such policies, consistent with the employment
policies common to the industry at large) to the business of the Company and to
use the highest degree of professionalism in performing services for the
Company.
2. COMPENSATION.
2.1 Salary. During the term of this Agreement, as compensation for the
proper and satisfactory performance of all duties to be performed and services
to be provided under this Agreement, the Company agrees to pay Mr. Manos a base
salary ("Base Salary") in the amount of One Hundred Ninety Five Thousand Dollars
($195,000) per year of employment, payable on a semi-monthly basis and in
accordance with the Company's standard payroll practices, less required
deductions for state and federal withholding taxes, Social Security and all
other employee taxes and payroll deductions (the "Semi-Monthly Base Payment").
In addition beginning in calendar year 2003, Mr. Manos shall be eligible to
receive bonus compensation in an amount up to 20% of his Base Salary at the
discretion of the Board, dependent upon Mr. Manos' achievement of certain
objectives and the overall performance of the Company.
<PAGE>
Mr. Manos's base salary shall be reviewed annually by the President and may be
increased or decreased in the sole discretion of the President; provided,
however, that if at any time during the Period of Employment Mr. Manos's Base
Salary is reduced by more than 15% from the previous fiscal year, except for
across-the-board salary reductions similarly affecting all or substantially all
management employees and reductions related to the his job performance, then Mr.
Manos shall be entitled to terminate his employment with the Company and such
termination shall be considered a Company initiated termination without cause in
accordance with Section 6.
2.2 Equity.
(a) As of the Effective Date and subject to the terms of this
Agreement, the Company shall grant to Mr. Manos an Incentive stock option,
exercisable at any time during the Period of Employment (as defined below) and
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