Back to top

EXECUTIVE EMPLOYMENT AGREEMENT

Employment Agreement

EXECUTIVE EMPLOYMENT AGREEMENT | Document Parties: HYPERION SOLUTIONS CORP You are currently viewing:
This Employment Agreement involves

HYPERION SOLUTIONS CORP

. RealDealDocs™ contains millions of easily searchable legal documents and clauses from top law firms. Search for free - click here.
Title: EXECUTIVE EMPLOYMENT AGREEMENT
Governing Law: California     Date: 10/18/2006
Industry: Software and Programming    

EXECUTIVE EMPLOYMENT AGREEMENT, Parties: hyperion solutions corp
50 of the Top 250 law firms use our Products every day

Exhibit 10.1

EXECUTIVE EMPLOYMENT AGREEMENT

Employee Name: JON TEMPLE            Effective Date: 16 OCTOBER, 2006

Offer Letter Date (if any) : 15 SEPTEMBER, 2006

Position (title) : EXECUTIVE VICE PRESIDENT, WORLDWIDE FIELD ORGANIZATION

Supervisor (title) : GODFREY SULLIVAN, (President and CEO)

Employment (briefly describe nature of position) :

Base Salary: $375,000

Bonus Percentage: $400,000

Continuation Period: TWELVE MONTHS

Additional Benefits (if any) :

1. Reimbursement for the reasonable and customary cost of an annual physical examination.

2. Hyperion will reimburse Employee for up to $10,000 for the following reasonable financial planning and income tax services: The financial planning and tax firm(s) of your choice will prepare and sign the Employee’s individual income tax returns and provide the Employee with estimated tax calculations, as well as future financial planning. In addition, the professionals will provide the Employee with income tax projections to help Employee develop his or her personal financial goals and strategies, including planning for the exercise and/or sale of company stock.

Additional Terms (if any) :
None.

This Executive Employment Agreement (“Agreement”) is entered into as of the effective date (“Effective Date”) specified above, by and between Hyperion Solutions Corporation, with offices at 5450 Great America Parkway, Santa Clara, California 95054 (“Hyperion”) and the executive employee (“Employee”) specified above.

1. Duties and Scope of Employment

a. Subject to the terms of this Agreement, Hyperion agrees to employ Employee in the position (“Position”) specified in above, or in such other position as Hyperion subsequently may assign to Employee, to perform the duties of the Position (“Employment”) specified above, or such duties as Hyperion subsequently may assign to Employee. Employee shall report to the supervisor (“Supervisor”) specified above, or to such other person as Hyperion subsequently may determine.

b. This Agreement shall remain in effect (the “Term of this Agreement”) until terminated pursuant to section 3 herein. For the Term of this Agreement Employee shall devote Employee’s full business efforts and time to Hyperion. Additionally, during the Term of this Agreement, without the prior written approval of Hyperion (which shall not be unreasonably withheld), Employee shall not render services in any capacity to any other person or entity, and shall not act as a sole proprietor, partner or managing member of any other entity, or as a shareholder owning more than one percent (1%) of the stock of any other corporation or entity. The foregoing, however, shall not preclude Employee from engaging in reasonable community, school or charitable activities.

c. Employee shall comply with Hyperion’s policies and rules, as they may be in effect from time to time, during the Term of this Agreement.

d. Employee represents and warrants to Hyperion, to the best of Employee’s knowledge and belief, that Employee is under no obligation or commitment, whether contractual or otherwise, that is inconsistent with Employee’s obligations under this Agreement. Employee represents and warrants to Hyperion, to the best of Employee’s knowledge and belief, that Employee’s Employment with Hyperion will not require the use, or disclosure, of any trade secrets or other proprietary information or intellectual property in which Employee, or any other person, has any right, title or interest, and that Employee’s Employment by Hyperion, as contemplated by this Agreement, will not infringe or violate the rights of any other person or entity. Employee represents and warrants to Hyperion, to the best of Employee’s knowledge and belief, that Employee has returned all property and confidential information belonging to any prior employer.

2. Compensation

a. Hyperion shall pay Employee, as compensation for Employee’s services, a base salary at a gross annual rate of not less than the base salary (“Base Salary”) specified above. Such Base Salary shall be payable in accordance with Hyperion’s standard payroll procedures. The Base Salary, together with any increases in such compensation that Hyperion may grant from time to time, shall be referred to as the base compensation (“Base Compensation”).

b. An Employee shall be eligible to receive an annual incentive bonus (“Incentive Bonus”) with a target amount equal to the bonus percentage (“Bonus Percentage”) specified above, of Employee’s Base Compensation. Such bonus (if any) shall be awarded based on objective or subjective criteria established in advance by Hyperion’s board of directors or its compensation committee. The determinations of the board or such committee with respect to such bonus shall be final and binding.

c. During the Term of this Agreement Employee shall be eligible to participate in any employee benefit plans maintained by Hyperion for similarly situated employees, subject in each case to the generally applicable terms and conditions of the plan in question, and to the determinations of any person or committee administering such plan. In addition to the foregoing benefits, Employee shall be entitled to the additional benefits (“Additional Benefits”) specified above, if any.

d. During the Term of this Agreement Employee shall be authorized to incur necessary and reasonable travel, entertainment and other business expenses in connection with Employee’s duties hereunder. Hyperion shall reimburse Employee for such expenses upon presentation of an itemized account and appropriate supporting documentation, all in accordance with Hyperion’s generally applicable policies. Any single expenditure in excess of ten thousand dollars ($10,000.00) shall require the prior approval of Hyperion’s Chief Executive Officer, President or Chief Financial Officer.

3. Termination

a. Employee may terminate Employee’s Employment at any time and for any reason (or no reason) by giving Hyperion thirty (30) days advance written notice. Hyperion may terminate Employee’s Employment at any time and for any reason (or no reason), and with or without cause, by giving Employee thirty (30) days advance written notice.

b. Hyperion may also terminate Employee’s Employment due to Employee’s permanent disability, by giving Employee notice in writing. Permanent disability shall mean that Employee, at the time notice is given, has failed to perform Employee’s duties under this Agreement for ninety (90) days during any twelve (12) month period, as the result of Employee’s incapacity due to physical or mental injury, disability or illness, and which Hyperion is unable to accommodate reasonably without undue hardship. Employee’s Employment shall terminate automatically in the event of Employee’s death.

c. Unless otherwise provided for herein, upon the termination of Employee’s Employment pursuant to this section, Employee shall only be entitled to the compensation, benefits and reimbursements described in section 2 for the period preceding the effective date of the termination. The payments under this Agreement shall fully discharge all responsibilities of Hyperion to Employee. The termination of this Agreement shall not limit or otherwise affect Employee’s obligations under section 4.

d. Any other provision of this Agreement notwithstanding, subsections e and f, below, shall not apply unless Employee has executed a general release (in a form prescribed by Hyperion, such as the current Termination Release Agreement available from the Hyperion legal department) of all known and unknown claims that Employee may then have against Hyperion or persons affiliated with Hyperion. Such release shall include, among other things, an agreement not to prosecute any legal action or other proceeding based upon any of such claims. Employee acknowledges that such release may provide that in the event of a breach by Employee of the terms of the release, or of Employee’s obligations under section 4 hereof, Hyperion shall be entitled to recover from Employee all amounts paid under subsections e and f of this section, as well as all litigation costs (including attorneys’ fees and expenses) incurred by Hyperion in connection with such breach, subject to applicable law.

e. If:

i. Hyperion terminates Employee’s Employment for any reason other than permanent disability, or cause, as defined below, or,

 

ii.

 

Hyperion was subject to a change in ownership and/or control, as defined below, during the Term of this Agreement and:

1/ Hyperion terminates Employee’s Employment for any reason other than permanent disability, or cause, as defined below, within three (3) months prior to, or within twelve (12) months thereafter, such a change in ownership and/or control, or

2/ Employee resigns for good reason, as defined below, within twelve (12) months thereafter such, a change in ownership and/or control; then, for the continuation period (“Continuation Period”) specified above, following Employee’s termination, Hyperion shall pay Employee Employee’s Base Compensation, at the rate in effect at the time of the termination of Employment in accordance with Hyperion’s standard payroll procedures, a prorated bonus (at the Employee’s target bonus rate) through the effective date of the termination paid in a lump sum cash payment as soon as practicable after the Employee’s termination, and continue the coverage


 
SITE SEARCH

AGREEMENTS / CONTRACTS

Document Title:

Entire Document: (optional)

Governing Law:(optional)


Try our advanced search >>
 

CLAUSES

Search Contract Clauses >>

Browse Contract Clause Library>>

Get Email Updates
Email:
This is only a partial view of this document. We have millions of legal documents and clauses drafted by top law firms. learn more search for free browse for free learn more