Home

Intelligence

Services

Subscriptions

News

About Us

Sign In

 

Document Preview

Employment Agreement

 

Click "Add to Cart" button to purchase document. 
Documents are emailed immediately after purchase. 
You can also browse documents by
title, category, or company... or click here for help finding documents.

 

Title:

Employment Agreement

Entities:

First Industrial Realty Trust Inc.

Date:

2002

Size:

Preview shows 7KB of 105KB total

Price:

$47

ID:

#336703

 

 

► Employment ► Employment Agreements
► Real Estate

 

 

Start of Preview


                                JOHANNSON L. YAP

EMPLOYMENT AGREEMENT


This Employment Agreement (this "Agreement"), is made and entered into as
of the 31st day of March, 2002 (the "Effective Date"), by and between First
Industrial Realty Trust, Inc., a Maryland corporation (the "Employer"), and
Johannson L. Yap (the "Executive").

RECITALS

A. The Employer desires to employ the Executive as an officer of the
Employer for a specified term.

B. The Executive is willing to accept such employment, upon the terms and
conditions hereinafter set forth.

NOW, THEREFORE, in consideration of the premises and of the covenants and
agreements hereinafter contained, it is covenanted and agreed by and between the
parties hereto as follows:

AGREEMENTS

1. TERM WITH AUTOMATIC REMOVAL PROVISIONS. THE EXECUTIVE'S EMPLOYMENT
HEREUNDER SHALL BE FOR A CONTINUOUS AND SELF-RENEWING TWO (2) YEAR "EVERGREEN"
TERM (CALCULATED ON A DAY TO DAY BASIS), COMMENCING AS OF THE EFFECTIVE DATE,
UNLESS SOONER TERMINATED AT ANY TIME BY EITHER PARTY, WITH OR WITHOUT CAUSE,
SUCH TERMINATION TO BE EFFECTIVE AS OF THIRTY (30) DAYS AFTER WRITTEN NOTICE TO
THAT EFFECT IS DELIVERED TO THE OTHER PARTY. NOTWITHSTANDING THE PRECEDING
PROVISIONS OF THIS SECTION 1, THE TERM OF THIS AGREEMENT SHALL, IF NOT
PREVIOUSLY TERMINATED, EXPIRE OF ITS OWN ACCORD, AND WITHOUT NOTICE TO OR FROM
EITHER PARTY, ON THE SEVENTIETH (70TH) BIRTHDAY OF THE EXECUTIVE ("RETIREMENT
DATE").

2. POSITION AND DUTIES. The Employer hereby employs the Executive as Chief
Investment Officer of the Employer, or in such other comparable or other
capacity as shall be mutually agreed between the Employer and the Executive by
amendment of this Agreement. During the period of the Executive's employment
hereunder, the Executive shall devote his best efforts and full business time
(excluding any periods of disability, vacation, sick leave or other leave to
which the Executive is entitled), energy, skills and attention to the business
and affairs of the Employer, on an exclusive basis. The Executive's duties and
authority shall consist of and include all duties and authority customarily
performed and held by persons holding equivalent positions with real estate
investment trusts ("REIT's") similar in nature and size to the Employer, as such
duties and authority are reasonably defined, modified and delegated from time to
time by the Chief Executive Officer of the Employer (the "CEO"). The Executive
shall have the powers necessary to perform the duties assigned to him, and shall
be provided such supporting services, staff, secretarial and other assistance,
office space and accouterments as shall be reasonably necessary and appropriate
in light of such assigned duties, as determined by the CEO, but in any



1
{PAGE}
event shall be no less favorable to the Executive than such supporting services,
assistance, office space and accouterments provided to other Senior Headquarters
Executives (as defined in Section 3(c) below) of the Employer.

3. COMPENSATION. As compensation for the services to be provided by the
Executive hereunder, the Executive shall receive the following compensation and
other benefits:

(a) BASE SALARY. The Executive shall receive a minimum aggregate
annual "Base Salary" at the rate of Three Hundred and Nine Thousand Dollars
($309,000) per annum, payable in periodic installments in accordance with the
regular payroll practices of the Employer. Such Base Salary shall, during the
term hereof, be subject to discretionary increase (but not decrease), on an
annual fiscal year basis, as recommended by the CEO and approved by the
Compensation Committee of the Board of Directors of the Employer (the
"Compensation Committee"), in accordance with the Employer's compensation
policies, as they may be established from time to time. After any such increase,
"Base Salary" shall refer to the increased amount and shall not thereafter be
reduced.

(b) PERFORMANCE BONUS. The Executive may receive an annual
"Performance Bonus," payable within sixty (60) days after the end of the fiscal
year of the Employer. The amount (if any) of and the form of the entitlements
(i.e., cash, equity-based awards, or a combination of cash and equity-based
awards) comprising any annual Performance Bonus shall be as recommended by the
CEO and approved by the Compensation Committee in its sole discretion; shall not
be subject to any minimum or guaranteed amount; and shall be generally based on
a combination of company-wide and individual performance criteria. The
Executive's "Maximum Bonus Percentages" and "Maximum Performance Bonus" are set
forth in Exhibit A to this Agreement and the Executive's "Maximum Cash
Performance Bonus" for any fiscal year shall be his Base Salary for such year
multiplied by the Maximum Bonus Percentage for the Cash Bonus Component of the
Performance Bonus as set forth in Exhibit A. Prior to January 1 of each calendar
year, the Executive shall provide the CEO with a written "Personal Achievement
Plan" that sets forth the Executive's individual performance goals for such
calendar year, which goals shall reflect and be consistent with the Employer's
then-current business plan. Whether all or any of the individual elements of the
Executive's Personal Achievement Plan are achieved during the year shall guide,
but shall not bind, the CEO in making his recommendation of the amount of the
Executive's Performance Bonus. For purposes of this Agreement, the term "Cash
Performance Bonus" shall mean that component of the Performance Bonus paid or
payable in cash.

(c) BENEFITS. The Executive shall be entitled to participate in all
plans and benefits that may be from time to time accorded to all, and not simply
any one of, the Executive, the Employer's Chief Financial Officer, and the
Employer's Executive Vice President-Operations (collectively, the "Senior
Headquarters Executives") and shall receive supplemental life and disability
insurance coverages comparable (as a percentage of Base Salary) to those
received by the CEO, all as determined from time to time by the CEO and approved
(if necessary) by the Compensation Committee of the Board. In addition to the

 

End of Preview

 

Home        Intelligence        Services        Subscriptions        News        About Us

Contact Us       Terms of Use       Resend Documents       Shopping Cart

Copyright © 2008 The Consus Group LLC