Sample Business Contracts

Employment Agreement [Amendment No. 2] - Tier Technologies Inc. and James L. Bildner

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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                              SECOND AMENDMENT TO
                              EMPLOYMENT AGREEMENT
                              --------------------

     SECOND AMENDMENT TO EMPLOYMENT AGREEMENT (the "Amendment") dated as of
September 30, 1997, by and between TIER TECHNOLOGIES, INC., a California
corporation (the "Company") and JAMES L. BILDNER ("Bildner").

     WHEREAS, the Company and Bildner are parties to a First Amended and
Restated Employment Agreement dated as of December 31, 1996 (the "Employment
Agreement"); and

     WHEREAS, the parties desire to amend the Employment Agreement in order to
extend the term of the Employment Agreement;

     NOW THEREFORE,  in consideration of the mutual benefits derived from this
Amendment and of the agreements, covenants and provisions hereof, the parties
hereto agree as follows:

     1.    Section 3.1 of the Employment Agreement is hereby amended and
restated to read in its entirety as follows:

               "3.1.    Term.  The "Term" of employment under this Agreement
                        ----                                                
           means the period commencing on December 31, 1996 and expiring on
           August 1, 2001 or the earlier termination hereof pursuant to Section
           4.1."

     2.    This Amendment shall not extend or otherwise modify the vesting
period of Stock Options granted under Section 2.3 of the Employment Agreement,
the terms of loan forgiveness under Section 2.7(a) of the Employment Agreement 
or the continuation of the Housing Allowance beyond December 31, 1999.

     3.    Effective January 1, 2000, the Company agrees to pay Mr. Bildner a
Base Salary of not less than the greater of $375,000 or $50,000 in excess of the
highest Base Salary previously paid to Mr. Bildner by the Company during the
Term of the Employment Agreement.

     4.    As amended hereby, the Employment Agreement shall remain in full 
force and effect.

     IN WITNESS WHEREOF, the parties have executed this Amendment as of the date
first above written.

                   TIER TECHNOLOGIES, INC.
                   
                   
                   By: /s/ George K. Ross
                   Title: Senior Vice President and Chief Financial Officer
                   Address:   1350 Treat Blvd., Ste. 250
                              Walnut Creek, CA  94596
                   
                   
                   /s/ James L. Bildner
                   JAMES L. BILDNER
                   Address:   1350 Treat Blvd., Ste. 250
                              Walnut Creek, CA  94596