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EMPLOYMENT AGREEMENT

Employment Agreement

EMPLOYMENT AGREEMENT | Document Parties: PAM TRANSPORTATION SERVICES INC You are currently viewing:
This Employment Agreement involves

PAM TRANSPORTATION SERVICES INC

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Title: EMPLOYMENT AGREEMENT
Date: 8/7/2009
Industry: Trucking     Sector: Transportation

EMPLOYMENT AGREEMENT, Parties: pam transportation services inc
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EXHIBIT 10.1

 

EMPLOYMENT AGREEMENT

 

 

This Agreement (“Agreement”) is entered into as of June 29, 2009, by and between P.A.M Transportation Services, INC. ("PAM") and Daniel H. Cushman (“EMPLOYEE”), and the parties therefore agree as follows:

 

Subject to the terms and conditions contained in this Agreement and during the Term of this Agreement (as defined below), PAM hereby employs EMPLOYEE in the position of “President” with such duties and responsibilities as are commensurate with such office and may from time-to-time be assigned to EMPLOYEE by PAM’s Board of Directors.

 

EMPLOYEE hereby accepts such employment as a full time employee, and while employed, shall devote his full business time, skills, energy and attention to the business of PAM, shall perform his duties in a diligent, loyal, businesslike and efficient manner, all for the sole purpose of enhancing the business of PAM, and in a manner consistent with all PAM policies, resolutions and directives from time to time stated or made by the Board of Directors.  Moreover, EMPLOYEE shall perform such services and duties as are consistent with EMPLOYEE’s position, are necessary or appropriate for the operation and management of PAM, and as are normally expected of persons appointed to chief executive positions in the business in which PAM is engaged.

 

1.            Compensation for Services

 

PAM shall pay to EMPLOYEE an annual base salary of $400,000.00 as their President.

 

Base Salary shall be payable in equal installments pursuant to PAM’s payroll system in effect from time to time, less all applicable taxes required to be withheld by PAM pursuant to federal, state or local law.

 

Employee will be reviewed annually for changes in base compensation and bonus’.

 

 

2.            Benefits

 

EMPLOYEE shall be entitled to fringe benefits provided by PAM for its employees in the normal course of business.

 

3.            Business Expenses

 

PAM shall reimburse EMPLOYEE for all reasonable and necessary business expenses incurred by him in the performance of his duties hereunder with respect to travel, entertainment and other business expenses, subject to PAM’s business expense policies in effect from time to time, including its procedures with respect to the manner of incurring, reporting and documenting such expenses

 

 

 


 

 

4.            Proprietary Information

 

a.           EMPLOYEE shall forever hold in the strictest confidence and not disclose to any person, firm, corporation or other entity any of PAM’s Proprietary Information (as defined below) or any of PAM’s Records (as defined below) except as such disclosure may be required in connection with EMPLOYEE’s work for PAM and as expressly authorized by PAM’s Board of Directors in writing.

 

b.           For the purposes of this Agreement, the term “Proprietary Information” shall mean inter company publications, unpublished works, plans, policies, computer and information systems, software and other information and knowledge relating or pertaining to the products, services, sales or other business of PAM or its successor, affiliates and customers in any way which is of a confidential or proprietary nature, the prices it obtains or has obtained from the sale of its services, its manner of operation, its plans, processes or other data, contracts, information about contracts, contract forms, business applications, costs, profits, tax information, marketing information, advertising methods, customers, potential customers, brokers, potential brokers, employees, matters of a technical nature (including inventions, computer programs, concepts, developments, contributions, devices, discoveries, software and documentations, secret processes or machines, including any improvements thereto and know-how related thereto, and research projects, etc.), and other information not generally available to the public, without regard to whether all of the foregoing matters will be deemed confidential, material or important.  Anything to the contrary notwithstanding, the parties hereto stipulate that any and all knowledge, data and information gathered by the EMPLOYEE through this Agreement, his employment with PAM and the operation of the business of PAM is deemed important, material or confidential, and gravely affects the effective and successful conduct of the business of PAM and PAM 's good will; could not without great expense and difficulty be obtained or duplicated by others who have not been able to acquire such information by virtue of employment with PAM; and that any breach of the terms of this Paragraph 4 shall be deemed a material breach of this Agreement.

 

c.           EMPLOYEE agrees that all creative work, including without limitation, designs, drawings, specifications, techniques, models, processes and software prepared or originated by EMPLOYEE during or within the scope of employment whether or not subject to protection under the federal copyright or other law constitutes work made for hire all rights to which are owned by PAM.  Moreover, EMPLOYEE hereby assigns to PAM all right, title and interest whether by way of copyright, trade secret, patent or otherwise, and all such work whether or not subject to protection by copyright or other law.

 

d.           Upon termination of employment with PAM or at any other time requested by PAM, EMPLOYEE shall immediately return to PAM and not retain any copies of, any records, data, lists, plans, policies, publications, computer and information systems, files, diagrams and documentation, data, papers, drawings, memos, customer records, reports, correspondence, note books, service listing and any other business record of any kind or nature (including without limitation records in machine-readable or computer-readable forms) relating to Proprietary Information (“Records”).

 

 

 


 

 

5.            Covenant Not To Compete

 

a.           As a material part of the consideration for this Agreement, EMPLOYEE agrees to the following covenants not to compete with PAM, and with all of its affiliated companies listed in Exhibit A to this Agreement ("Affiliated Companies") during his employment and for a one (1) year period following the termination of EMPLOYEE's employment with PAM for any reason.  EMPLOYEE agrees not to interfere with customer contracts or solicit customers for a period of one (1) year.  These restrictions shall apply to all PAM Customers and Customers of Affiliated Companies.  EMPLOYEE further agrees not to solicit, retain, employ or accept business that is competitive from any PAM employees, agents or owner operators, or the employees, agents or owner operators of any Affiliated Companies. In the event Employee is terminated pursuant to Section 8 subsection (d), the Covenant Not to Compete will be for a period of six (6) months unless the company elects the option to extend the Covenant Not To Compete up to one (1) year provided the separation agreement in Section 8 subsection (d) provides for compensation up to one (1) year. Anything contrary notwithstanding, this Paragraph 5 shall survive after the termination or the earlier cancellation of this Agreement.

 

b.           Both parties agree that the restrictions in this section are fair and reasonable in all respects including the length of time that they shall remain in effect and that PAM 's employment of EMPLOYEE upon the terms and conditions of this Agreement is fully sufficient consideration for EMPLOYEE's obligations under this section.

 

c.      &


 
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