Exhibit 10.1
EMPLOYMENT AGREEMENT
THIS
EMPLOYMENT AGREEMENT (the Agreement) is entered into this 10
th day
of June, 2005, between FACTS Management Co., a Nebraska
Corporation ( “FACTS” ), and Timothy A. Tewes (
“EXECUTIVE” ).
W
I T N E S S E T H:
WHEREAS, the parties desire to enter into this Agreement in
order to assure FACTS of the services of the Executive and to set
forth the duties and compensation of the Executive on the terms and
conditions set forth.
NOW,
THEREFORE, in consideration of the mutual promises and
covenants herein, the parties agree as follows:
1.
Employment . FACTS agrees to
employ Executive and Executive accepts such employment upon the
terms set forth in this Agreement.
2.
Term . The term of this
Agreement shall be for a period of five (5) years, commencing
upon the date of the execution of this Agreement. Upon the
expiration of the initial five-year term, this Agreement shall be
automatically renewed for successive one-year periods unless either
party provides written notice to the other at least 30 days
prior to the expiration of the current term of its/his intention
not to renew, or unless terminated as provided herein.
3.
Duties . Executive agrees to
perform the duties of the position or office which the
President/CEO or the Board of Directors of FACTS shall designate
from time to time consistent with his position. Executive shall
devote his full business time, attention, ability and energy to the
business of FACTS; provided, however, that he may engage in
activities which are incident to his personal investments which do
not materially affect his ability to perform his duties
hereunder.
4.
Compensation .
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a. |
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Base Salary . For the first
year of this Agreement, the Executive shall receive an annual base
salary of $250,000 per year, payable monthly, less applicable
withholdings and other deductions as may be provided herein.
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b. |
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Change of Base Salary . Any
increases in Executive’s base salary shall be in the sole and
absolute discretion of the President and CEO of FACTS; however, the
compensation shall not be decreased during the term hereof.
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c. |
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Discretionary Bonus . In
addition, Executive may receive a performance bonus annually at the
sole discretion of the President/CEO of FACTS.
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5.
Benefits . In addition to the
base compensation, FACTS shall provide the following benefits to
Executive:
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a. |
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Health Insurance . Coverage
under a group medical care plan and life and dental insurance
benefits.
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b. |
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Vacation . Executive will
be entitled to paid vacation in accordance with the vacation
policies of FACTS in effect for its officers from time to time.
Vacation may be taken at such times reasonably acceptable to FACTS.
In addition, Executive will be entitled to the paid holidays, sick
leave and other paid leave set forth in the employer’s
written policies.
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c. |
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Benefit Plans . Executive
shall be entitled to participate in FACTS’ 401 (k) Plan,
if any, and other employee benefit plans in effect from time to
time for its executives and employees.
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d. |
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Car Allowance/Miscellaneous
. Executive shall receive $1,000.00 per month during the term
hereof to be used as a car allowance, country club dues and related
expenses.
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e. |
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Expenses . Executive will
also receive reimbursement for other reasonable business expenses
incurred in connection with performing his duties under this
Agreement.
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6.
Termination . The employment of
Executive may be terminated as follows:
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a. |
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Death of Executive . The
Executive’s employment shall automatically terminate upon his
death. Upon such termination, the Executive’s estate shall
receive an amount equal to his then-current base salary, payable
through his date of death on
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