Sample Business Contracts

Employment Agreement [Amendment] - Kona Grill Inc. and Donald Dempsey

Employment Forms

Employment Contract. 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.
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                              KONA GRILL LETTERHEAD

Donald Dempsey
13785 Wood Lane
Minnetonka, Minnesota 55305

            RE:   AMENDED EMPLOYMENT TERMS

Dear Don:

      The purpose of this letter is to amend your employment terms as set forth
in your Employment Letter (the "Employment Letter") between Kona Grill, Inc., a
Delaware corporation (the "Company") and you as the ("Executive"):

      Section 7 Termination of the Employment Letter shall be deleted and
replaced in its entirety with the following:

      7. Termination. It is agreed that Executive is employed at will and may be
      terminated with or without cause at any time upon ninety (90) days prior
      written notice. Upon termination (except for Cause as defined below)
      Executive shall receive a one-year severance payment equal to 12 months
      base salary, a pro rata portion of annual bonus and a pro rata portion of
      stock options for the year terminated shall vest upon such termination,
      and payment of any COBRA amount due for the provision of any and all
      health benefits provided to the Executive and Executive's family
      immediately prior to his termination for a period of up to 18 months.

            For purposes of this Letter Agreement, the term "Cause" shall mean
      (i) an action of the Executive which constitutes a willful and material
      breach of, or willful and material failure or refusal (other than by
      reason of his disability or incapacity) to perform his duties under this
      Agreement that is not cured within forty-five (45) days after receipt by
      the Executive of written notice of stone, (ii) fraud, embezzlement or
      misappropriation of funds during the Executive's employment with the
      Company, or (iii) a conviction of any crime during Executive's employment
      with the Company which involves dishonesty or a breach of trust or
      involves the Company or its executives. Any termination for Cause shall be
      made by written notice to the Executive, which shall set forth in
      reasonable detail all acts or omissions upon which the Company is relying
      for the termination. The Executive shall have the right to address the
      Company's board of directors regarding the acts or omissions set forth in
      the notice of termination. Upon any termination pursuant to this Section
      7, the Company shall pay to the Executive any due and unpaid compensation
      (including any bonus compensation earned but unpaid) and earned but unused
      vacation time through the date of termination.

                                           KONA GRILL, INC.

                                           By: /s/ Marcus Jundt
                                               ---------------------------------
                                               Marcus Jundt
                                               Chairman

                                           By: /s/ Donald Dempsey
                                               ---------------------------------
                                               Donald Dempsey
                                               Executive