Sample Business Contracts

Employment Agreement - Informix Software Inc. and Diane L. Fraiman

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

Sponsored Links

March 11, 1998

Diane L. Fraiman
2857 Shenandoah Terrace
Portland, OR 97210

Dear Diane:

We are very pleased that you are considering joining us at Informix Software, 
Inc. (Company).  The purpose of this letter is to set forth our offer of 
employment.  We propose that you begin employment with Informix Software, 
Inc. in the capacity of Vice President, Corporate Marketing, reporting to Bob 
Finocchio, Chairman, President and Chief Executive Officer.

Your salary, computed on an annual basis beginning on the date you become an 
employee of the Company, will be $250,000 per year and shall be paid in equal 
semi-monthly installments.

You will also participate in the Executive Incentive Compensation Plan in 
1998 at a rate of 40%.  The first six months are guaranteed.  Plan details 
will be provided under separate cover.  

It will be recommended to the Board of Directors that you receive a 
non-qualified stock option under the Informix Corporation Employee Stock 
Option Plan to acquire 200,000 shares of the common stock of Informix 
Corporation on terms and conditions to be determined solely by the Board of 
Directors at the time of the grant.  In the event of a merger or change in 
control of the Company within six months after the date of the agreement, the 
exercisability of your options will accelerate as to two year's additional 
vesting.  If such change of control takes place after such six month period, 
the exercisability of your options will accelerate so as to become fully 
vested.  You, of course, will be under no obligation to exercise any stock 
options which may be granted to you. 

In addition, a relocation bonus of $135,000 will be awarded to you in which 
you will become "vested" at the rate of $67,500 for each of your first two 
years with the Company.  In the event you terminate your employment before 
the end of the first year you will be required to repay the full amount of 
the bonus and if you terminate your employment after one year but before 
completing two years you will be required to repay one-half of the bonus.

The company will also pay for relocation costs as outlined in Attachment A.

In the event of a change in ownership of the company during your first two 
years of employment,  you will be entitled to receive as severance an amount 
equal to one (1) year base salary, if your employment terminates within 90 
days of the initiating event irrespective of which party initiates the 

This offer of employment is contingent upon the following:

-    Your signing of the Company's Employee Agreement for Nondisclosure of  
Confidential Information, in the form attached.

-    Your acceptance of this offer by signing this letter below. 

-    Your signing of the enclosed W-4 form.

-    Approval by the Informix Board of Directors.


Page 2
Diane Fraiman
March 11, 1998

-    Within your first day of employment, you must provide for examination, 
proof of your legal right to work in the United States and complete the 
Immigration Form I-9 as required by the U.S. Immigration and Naturalization 
Service.  These include either 1) a U.S. passport, a U.S. certificate of 
citizenship, a U.S. certificate of naturalization, an unexpired foreign 
passport with attached employment authorization or an alien registration 
card with photograph; OR 2) a state driver's license, a state I.D. card, a 
U.S. military card AND a Social Security card or a U.S. birth certificate.  
If you do not have proof of identification on the first day of employment,  
you will be sent home to obtain the documents.  You will not be placed on the 
payroll until this form is completed by a Company representative.  If for any 
reason you are unable to provide proof of your identity as well as your legal 
right to work in the United States within the first three days the Company 
may terminate your employment.  From time to time after your first day of 
employment, you may be asked to provide proof of your identity as well as 
your legal right to work in the United States.

Except as stated above, this offer of employment is not for any specific 
period of time and your employment may be terminated with or without cause by 
yourself or the Company at any time for any reason.

As an employee of Informix, you also agree to comply with company policies, 
procedures and standards of conduct that may be established by the Company.

This offer of employment contains all of the terms and conditions of your 
employment with the Company and supersedes any and all prior, oral or written 
representations or agreements made by anyone employed by, or associated with, 
the Company.  The terms of this offer, if accepted, will become your terms of 
employment and can only be added to or modified by a written document signed 
by the Chief Executive Officer or the Vice President, Human Resources.

I am looking forward to your acceptance of this offer.   Please acknowledge 
your acceptance by signing and dating this letter.   In addition, please 
complete the W-4 form and return it to the Human Resources Department prior 
to beginning your employment or no later than 3 days after your date of hire. 
Enclosed for your convenience in making the return is a self-addressed 
envelope.  Please bring your I-9 form, required identification, and 
Non-Disclosure Agreement with you on your first day of employment for 
verification and witnessing by your manager.




Susan Daniel
Vice President
Human Resources





                                  ATTACHMENT A

A.  TRAVEL AND LIVING EXPENSES:  Reasonable and necessary expenses of travel 
    and living for the employee/spouse will be reimbursed for the following:

        1.  Travel of employee/spouse from former residence to new location 
            in order to commence employment.  Includes travel, meals, and 
            lodging en route for one-way trip.

        2.  Three (3) months temporary living up to $3,000/month.

        3.  Residence search trip includes round-trip travel, meals, lodging 
            up to a total of eight (8) days (no limit on number of trips).

        4.  Travel expense is limited to coach air fare, train fare not to 
            exceed coach fare, or automobile mileage for one automobile at a 
            rate of 35 cents per mile.

B.  MOVING ASSISTANCE:  Informix Software, Inc. Finance Department, in 
    conjunction with the Human Resources Department, will select, authorize 
    and pay the moving company directly for the expense of moving the 
    employee's normal household goods and personal effects from his/her 
    former residence to his/her new residence, including the following:

        1.  SHIPMENT:  Includes shipment of normal household goods and 
            personal effects from the former residence to the new residence.  
            Does not include shipping of livestock, boats, trailers, trees, 
            shrubs, firewood, construction material or other property 
            requiring special handling. Does not include exclusive use of 
            van, mover's overtime or waiting time, extra labor charges or 
            additional pickup and delivery stops.

        2.  PACKING AND UNPACKING:  Includes packing of normal household 
            goods and personal effects for shipment at the former residence 
            and unpacking and placement of such goods at the new residence.  
            Does not include disassembly, assembly, handling or placement of 
            objects, equipment or permanently fixed installations; such as, 
            outdoor fireplaces, swing sets, TV antenna, etc. which require 
            extra labor charges.

        3.  DISCONNECTING AND CONNECTING APPLIANCES:  Limited to services 
            arranged for or performed by the moving company.  At the new 
            residence, assistance is provided only for connection to existing 
            outlets already in the house.  Up to $100 maximum total for 
            disconnection of appliances at the old residence and reconnection 
            of the same appliances at the new residence (TV antenna not 

        4.  STORAGE:  Includes in-transit storage of household goods and 
            personal effects shipped from the former residence for a maximum 
            of 60 days.

        5.  SHIPMENT OF PETS:  Includes shipment of normal household pets 
            such as cat or dog.  Such animals should be taken as baggage with 
            the family traveling commercially, if possible. Board is limited 
            to the number of days of family temporarily living at the new 
            location. The Company assumes no liability for pets.

        6.  INSURANCE:  Includes mover's coverage of $2 per pound for damage 
            to common household goods and personal effects.  Does not cover 
            such items as valuable antiques, cash, documents, plants and 
            perishables.  Does include insurance for art works.


        7.  AUTOMOBILES:  Includes shipment of one (1) automobile if 
            relocation is 1,500 miles or less; for distances over 1,500 miles 
            up to two (2) automobiles may be shipped provided commercial 
            travel accommodations are used by the employee and his/her 
            dependents in traveling to the new location.  Reasonable judgment 
            should be used in considering the value of the automobile versus 
            its shipping costs.

        8.  LIMITATIONS:   Expenses which are not authorized by Informix 
            Software, Inc. will not be reimbursed and are the financial 
            responsibility of the employee, including the following:

                 a)  any handling, shipping, insuring or other services 
                     performed by the mover requiring additional labor or 
                     other charges

                 b)  the cost of services performed by the employee, his/her 
                     dependents, relatives or others not authorized by the 

                 c)  Gratuities to moving company employees.