EXHIBIT 10.17
EMPLOYMENT AGREEMENT
This Agreement of Employment is made and entered into by and
between Thomas
Nelson, Inc., a Tennessee corporation, hereinafter referred to as
"Employer",
and Mark Donald Schoenwald, hereinafter referred to as
"Employee".
Employer desires to employ Employee in the capacity of Executive
Vice President
& Chief Sales Officer, with all principal powers, duties and
responsibilities
attendant thereto, and such other duties as shall be requested of
Employee by
Employer, and Employee desires to be so employed by Employer.
In consideration
therefore, the parties mutually agree as follows:
A. TERM OF
AGREEMENT
The
term of this Agreement shall be for a period of one (1) year
commencing
on
July 12, 2004. After this one (1) year period, this Agreement
will
automatically renew every thirty (90) days unless cancelled by
either
party.
B. EMPLOYEE
COMPENSATION
Employee's remuneration shall be as set forth in Schedule A
attached to
this
Agreement and incorporated herein by this reference.
C. EMPLOYEE
CONDUCT
As
Executive Vice President & Chief Sales Officer, Employee
recognizes and
understands his/her fiduciary relationship with and
responsibilities to
Employer. Employee
therefore promises to act always in good faith and in
the
best interests of Employer in the discharge of his/her duties
and
obligations. Further,
Employee agrees to devote his/her full time and
efforts to his/her employment with Employer. Should Employee during the
term
of this Agreement fail to so devote his/her full working time
and
efforts to the benefit of Employer for any reason other than
illness or
disability, or should he/she engage in any activity or business
enterprise
competing or conflicting with the business or activities of
Employer, its
subsidiaries, partners, or agents, or should he/she engage in any
illegal
or
criminal conduct or acts of insubordination or moral turpitude
(such as
fornication, adultery, theft, embezzlement and/or fraud), or should
he/she
violate any of the terms and provisions of Subparagraph D(1)
hereunder,
then
Employer, at its sole discretion, may terminate the employment
of
Employee immediately.
All Employee's rights hereunder shall end upon such
termination by Employer and Employee's only rights in such event
shall be
to
receive all salary accrued through the date of termination.
D. CONFIDENTIAL
CLAUSES AND NON-COMPETITION AGREEMENT
Employee further agrees as follows:
(1)
During Employment by
Employer:
Confidential Information
------------------------
Employee recognizes that the Bible publishing industry and the
religious book publishing industry combined comprise about 4% of
the
total publishing industry, and less than 1% of the total
printing
industry; therefore, Employee understands and agrees that this
Employment Agreement is not unreasonably restrictive, and does
not
prohibit Employee from being employed in a lucrative career and
from
making a fair and honorable living.
Employee recognizes and acknowledges that there are certain
trade
secrets related to Employer's Christian and Inspirational
Books,
Bibles, and Biblical Reference and Electronic Publishing, as well
as
the design, sale, and distribution of Bible Covers, and related
businesses including, but not limited to, the names, royalties,
account information and/or business relationships pertaining to
Employer's artists, authors, writers, customers, and
manufacturers,
as well as certain information related to manufacturing schedules
and
procedures, new products, future plans, marketing practices,
sales
volumes of various products, and other items of Employer's
businesses
not specifically mentioned herein.
Employee recognizes and understands that he/she holds a position
of
fiduciary privilege, and except as authorized in writing by
Employer,
he/she agrees during the term of this Agreement and thereafter
to
refrain from disclosing to any person, firm, corporation,
partnership,
association or other business entity, or to use for his/her own
benefit, any trade secrets, unique business information, plans,
products, manufacturing data, customer lists, author or artist
lists,
or any other confidential information relating to any and all
ongoing
business activities of Employer, or its parent company, or its
subsidiaries the disclosure of which he/she knows, or in the
exercise
of reasonable care should have reason to know, may, can, or will
be
damaging or harmful to Employer's business activities or those of
its
parent company, affiliates, or subsidiaries, or which disclosure
shall
serve to direct or divert corporate opportunities, product
sales,
and/or profits away from Employer, its parent company, its
affiliates,
its subsidiaries, partners, or agents, to the person, firm,
corporation, partnership, association, or the given entity to whom
or
to which such disclosure is made.
Ownership of Work
-----------------
Employee recognizes and understands that he/she will hold for
the
benefit of Employer and disc lose fully to Employer, immediately
upon
origination or acquisition, any and all Works made, discovered,
developed or secured, alone or jointly with others, during the
term
of his/her employment with Employer. Employee further agrees that
any Work prepared during the term of his/her employment is a
"work
made for hire" for all
