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Sample Business Contracts

Employment Agreement - Be Inc. and Roy Graham

Employment Forms

  • Employment Agreement. Employers can customize an employment agreement that states the salary, benefits, working hours and other important provisions for their new or existing employee.
  • Consulting Agreement. Answer simple questions to build a contract with a consultant. Specify the services rendered, when payment is due, as well as IP rights.
  • Commission Agreement. Employers who compensate their sales employees based on commissions can prepare an agreement to reduce misunderstandings by specifying the base salary and how commissions are calculated.
  • Executive Employment Agreement. Companies may offer their business executives a contract that is different from the one provided to their regular employees. Executive employment agreements may be more complex because the compensation structure may include a combination of salary and commissions, provide for bonuses based on sales, stock or other financial targets, and include non-compete, confidentiality and severance provisions.
  • Sales Representative Contract. Independent sales representatives offer companies the potential to increase the sale of products or services without the burden of increasing headcount. Both parties should understand how commissions are calculated, when commissions will be paid, as well as how the representative will treat confidential information from the company and whether the representative may also sell a competing line of products or services.
  • More Employment Agreements

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BE
---

March 12, 1999

Mr. Roy Graham
1030 Crossbow Court
San Jose, CA 95120

Dear Roy:

I am pleased to offer you the position of Executive Vice President of Sales &
Marketing reporting to me. In this position your compensation will be divided
into two components: a base salary component and a bonus component. Your base
salary will be two hundred sixteen thousand dollars ($216,000) per year. Your
target bonus is fifty four thousand ($54,000) for the first year of employment.
Your salary and bonus shall be paid twice per month and is subject to
withholding for federal, state, and other applicable taxes. Your compensation
will be subject to periodic review by the management and the Board of Directors,
usually once a year.

For the first year of employment, you will receive 100% of your targeted bonus
of $54,000. After that, your bonus will paid subject to accomplishment goals as
set forward by management and the Board of Directors which is still to be
determined.

Further, we will recommend to Be's Board of Directors that you be granted an
option to purchase 660,000 shares of common stock which will vest as follows.
160,000 options to purchase shares of common stock will vest immediately upon
your date of hire. The remaining 500,000 options to purchase shares of common
stock will vest over a four year vesting schedule starting from the date of your
employment. Vesting will be annual vesting for the first year and monthly
vesting for the following three years.

As an employee of Be, you and your dependents will be entitled to Be medical and
dental benefits as made available to all Be employees. Information on the
details of our plans will be delivered to you separately.

When you report to work, you will be expected to execute our standard company
agreement relative to patents, inventions and confidential information.

This is an offer for "at will" employment and doe not constitute an offer or
guarantee of employment for any period of time. Your employment and compensation
can be terminated at any time for any reason or for no reason, subject to the
terms hereof and your rights to compensation hereunder. This letter constitutes
the full and entire understanding and agreement between the parties with respect
to the subject of employment, and supersedes any prior discussions.

This offer is effective though March 19, 1999. It will expire if not accepted in
writing by that date. We look forward to your acceptance. Please sign and return
this letter upon acceptance.

Sincerely,

/s/ Jean-Louis Gassee

Jean-Louis Gassee
Chief Executive officer                 ACCEPTED: /s/ Roy Graham