EXPATRIATE EMPLOYMENT AGREEMENT
This Agreement is made and effective this 7th day of July, 1997, by and
between ABC Inc., a California corporation having offices at [insert address] (“ABC”) and Thomas A. Jefferson, an individual
residing at [insert address 2] (“insert name of Employer]”).
ABC, through various subsidiary corporations, designs and manufactures
electronic assemblies, among which are ABC Sensors, Singapore, a Singapore
corporation having offices at [insert address]
(“[insert short name]”) a wholly-owned subsidiary of ABC, and ABC Sensors, Malaysia , a
Malaysian corporation having offices at [insert address] (“[insert short name]”)a wholly-owned subsidiary of ABC.
ABC desires to employ [insert employee] as Managing Director of [insert company name] and [insert company name] for a period of not less than two years and Jefferson agrees to serve as Managing Director for such term. After the initial term of two years, both parties agree to give a minimum of six months notice to the other of intent to terminate this
agreement.
[insert company name] agrees to offer Jefferson a comparable position in the corporation
upon termination of this agreement.
ABC will, with the full cooperation of Jefferson but at the company’s
expense, assure that work permits or other authority to work in Singapore and Malaysia will be obtained and that permanent resident visas are obtained for Malaysia for [insert employee name] and his wife.
ABC agrees to pay Jefferson, from the time of his arrival in Malaysia, a
salary of [insert amount] per annum for the first year of this agreement in monthly instalments of Ten Thousand Four Hundred Sixteen Dollars and Sixty Seven Cents ($10,416.67) to be deposited in accounts in the United States, Singapore and Malaysia as directed by [insert employee name]. At
the beginning of this agreement, such deposits will be:
a. [insert amount] ($7,750.00 US)
b. One Thousand Three Hundred Thirty Three and 33/100 US dollars
($1333.33US) in Singapore at an initial Exchange rate of $1.00 US equals $1.40
Singapore or One Thousand Eight Hundred Sixty Six and 67/100 Singapore Dollars
($1866.67S),
c. One Thousand Three Hundred Thirty Three and 33/100 US Dollars
($1333.33US) in Malaysia at a initial Exchange rate of $1.00 US equals $2.45
Malaysian or Three Thousand Two Hundred Sixty Six and 66/100 Malaysian Ringgit
($3266.66M)
d. During the first month of residence in Malaysia, ABC will pay to [insert employee name] the Malaysian Ringgit equivalent Five Thousand US Dollars, or Twelve Thousand two hundred fifty Ringgit ($12,250.00M) as a one time payment for initial outfitting in Malaysia. Such payment will be deducted by ABC from that month’s deposit to Jefferson’s US account.
e. The rates of exchange for deposits made in Singapore and Malaysia shall
remain fixed for the first year of Jefferson’s employment at OSS/OSM and will be
reexamined by the parties at the beginning of each successive year.
ABC agrees to provide housing selected by Jefferson and utilities, for which
payment will be made by ABCM, for which Jefferson agrees to reimburse the company or, alternatively, agrees to have the company deduct from Jefferson’s salary prior to deposit in the US, Singapore or Malaysia.
ABC agrees to provide an automobile selected by Jefferson through ABCM to
Jefferson for which Jefferson agrees to reimburse the company or, alternatively, agrees to have the company deduct from Jefferson’s salary prior to deposit in the US, Singapore or Malaysia. Automobile insurance will be provided by the company as a company car.
ABC agrees to pay for packing, freight and cartage of Jefferson’s household
goods to the place of residence in Malaysia, or to pay packing, cartage and
storage of household goods not taken to Malaysia. Jefferson agrees to schedule movement of household goods by sea and air to provide for a lowest cost combination of household goods move and temporary living accommodation and meal expenses. Estimates for material, packing, storage and transport will be provided for ABC review and agreement prior to Jefferson’s move to Malaysia.
ABC agrees, upon termination of this agreement and Jefferson’s employment in Malaysia, to pay to return Jefferson’s household goods from Malaysia or from storage whether or not Jefferson returns to the US as an employee of ABC or one of its subsidiaries.
ABC agrees to provide temporary living accommodations and meal expenses for a period of not more than two weeks for Jefferson and his wife during the period Jefferson’s household goods are in transit.
ABC agrees to award Jefferson options for Five Thousand Shares of ABC stock effective upon the date of Jefferson’s employment at ABCS and ABCM at the then-
current value for management incentive options and, further, agrees to award
Jefferson an additional 5000 options for ABC stock, at the then-current value for
such options, if ABCS/ABCM achieve a pre-tax profit of $1,000,000US or more during
ABC’s 1997/98 fiscal year.
ABC will pay, or reimburse Jefferson for, annual round-trip home-leave coach
airfare for himself and his wife to and from his current place of residence at a
time of Jefferson’s choosing provided such time is not inconsistent with the needs
of the company.
ABC will continue Jefferson’s current Health Insurance coverage
with the same employee contribution as at present, or, upon any change of
carrier by ABC or such subsidiary as may provide for Jefferson’s insurance,
provide for transfer to such new carrier.
ABC will pay for a Singapore American Club membership for business use of [insert name] as Managing Director of ABCS/ABCM. Jefferson will pay for, or reimburse the company for, personal use of the club facilities.
Portions of this agreement may be duplicated in separate agreements
pertaining solely to that portion of Jefferson’s employment applicable to
Singapore or Malaysia. This agreement shall take precedence over any such other agreement and, in respect of any errors, omissions or conflict in wording
between this and any other such agreements, the wording or content of this
agreement shall be deemed to be correct.
For [insert company name], Inc.:
[insert person’s information]
its: Chief Financial Officer
<PAGE>
AGREEMENT FOR EXPATRIATE EMPLOYMENT IN SINGAPORE
1. This Agreement is made and effective this 11th day of July, 1995, by
and between Opto Sensors, Inc., a California corporation having offices at 12525
Chadron Ave., Hawthorne, CA 90250 (“OSI”) and Thomas K. Hickman, an individual
residing at 10 Miwok Way, Inverness, CA 94937 (“Hickman”).
2. OSI, through various subsidiary corporations, designs and manufactures
electronic assemblies, among which are [insert company name] a Singapore
corporation having offices at [insert address] (“OSS”) a wholly-owned subsidiary of OSI.
3. OSI desires to employ Hickman as Managing Director of OSS and OSM for a
period of not less than two years and Hickman agrees to serve as Managing
Director for such term. After the initial term of two years, both parties agree
to give a minimum of six month’s notice to the other of intent to terminate this
agreement.
4. OSI will, with the full cooperation of Hickman but at the company’s
expense, assure that work permits or other authority to work in Singapore will be obtained and that permanent resident visas are obtained for Malaysia for Hickman and his wife.
5. For service as Managing Director of OSS, OSI agrees to pay Hickman a
monthly salary of One Thousand Three Hundred Thirty Three and 33/100 US Dollars ($1333.33US) in Singapore at an initial Exchange rate of $1.00 US equals $1.40 Singapore or One Thousand Eight Hundred Sixty Six and 67/100 Singapore Dollars ($1866.67S),
6. The rates of exchange for deposits made in Singapore and Malaysia
shall remain fixed for the first year of Hickman’s employment at OSS/OSM and
will be reexamined by the parties at the beginning of each successive year.
7. OSI agrees to provide housing and utilities for Hickman and his wife in
Johor Bahru, Malaysis, for which payment will be made by OSM.
8. OSI agrees to pay for packing, freight and cartage of Hickman’s
household goods to the place of residence in Malaysia, or to pay packing,
cartage and storage of household goods not taken to Malaysia. Hickman agrees to
schedule
<PAGE>
movement of household goods by sea and air to provide for a lowest cost
combination of household goods move and temporary living accommodation and meal expenses. Estimates for material, packing, storage and transport will be
provided for OSI review and agreement prior to Hickman’s move to Malaysia.
9. OSI agrees, upon termination of this agreement and Hickman’s employment in
Malaysia, to pay to return Hickman’s household goods from Malaysia or from
storage whether or not Hickman returns to the US as an employee of OSI or one
of its subsidiaries.
10. OSI agrees to provide temporary living accommodations and meal expenses for
Hickman and his wife during the period Hickman’s household goods are in transit.
11. OSI will pay, or reimburse Hickman for, annual round-trip home-leave coach airfare for himself and his wife to and from his current place of residence at a time of Hickman’s choosing provided such time is not inconsistent with the needs of the company.
12. OSI will continue Hickman’s current AETNA PPO Health Insurance coverage,
or, upon any change of carrier by OSI or such subsidiary as may provide for
Hickman’s insurance, provide for transfer to such new carrier.
For [insert company name], Inc.:
[insert individual information]
[insert name]
its: Chief Financial Officer
<PAGE>
AGREEMENT FOR EXPATRIATE EMPLOYMENT IN MALAYSIA
1. This Agreement is made and effective this 11th day of July, 1995, by and
between [insert company name], a California corporation having offices at [insert address] (“OSI”) and [insert employee name], an individual
residing at [insert address] (“Hickman”).
2. OSI, through various subsidiary corporations, designs and manufactures
electronic assemblies, among which are [insert company name], Malaysia, a Malaysian corporation having offices at [insert address], a wholly-owned subsidiary of OSI.
3. OSI desires to employ Hickman as Managing Director of OSM for a period of
not less than two years and Hickman agrees to serve as Managing Director for
such term. After the initial term of two years, both parties agree to give a
minimum of six month’s notice to the other of intent to terminate this
agreement.
4. OSI will, with the full cooperation of Hickman but at the company’s expense,
assure that work permits or other authority to work in Malaysia will be obtained
and that permanent resident visas are obtained for Malaysia for Hickman and his
wife.
5. For service as Managing Director of OSM, OSI agrees to pay Hickman a monthly
salary of One Thousand Three Hundred Thirty Three and 33/100 US Dollars
($1333.33US) in Malaysia at a initial Exchange rate of $1.00 US equals $2.45
Malaysian or Three Thousand Two Hundred Sixty Six and 66/100 Malaysian Ringgit
($3266.66M).
6. During the first month of residence in Malaysia, OSI will pay to Hickman the
Malaysian Ringgit equivalent Five Thousand Dollars, or Twelve Thousand Two
Hundred Fifty Ringgit ($12,250.00M) as a one time payment for initial outfitting
in Malaysia.
7. The rates of exchange for deposits made in Singapore and Malaysia shall
remain fixed for the first year of Hickman’s employment at OSS/OSM and will be
reexamined by the parties at the beginning of each successive year.
8. OSI agrees to provide housing and utilities for Hickman and his wife in
Johor Bahru for which payment will be made by OSM.
9. OSI agrees to provide an automobile through OSM, of Malaysian registration,
for business and personal use. Automobile insurance will be provided by the
company as a company car.
<PAGE>
10. OSI agrees to pay for packing, freight and cartage of Hickman’s household
goods to the place of residence in Malaysia, or to pay packing, cartage and
storage of household goods not taken to Malaysia. Hickman agrees to schedule
movement of household goods by sea and air to provide for a lowest cost
combination of household goods move and temporary living accommodation and meal
expenses. Estimates for material, packing, storage and transport will be
provided for OSI review and agreement prior to Hickman’s move to Malaysia.
11. OSI agrees, upon termination of this agreement and Hickman’s employment in
Malaysia, to pay to return Hickman’s household goods from Malaysia or from
storage whether or not Hickman returns to the US as an employee of OSI or one of
its subsidiaries.
12. OSI agrees to provide temporary living accommodations and meal expenses for
Hickman and his wife during the period Hickman’s household goods are in transit.
13. OSI will pay, or reimburse Hickman for, annual round-trip home-leave coach
airfare for himself and his wife to and from his current place of residence at a
time of Hickman’s choosing provided such time is not inconsistent with the needs
of the company.
14. OSI will continue Hickman’s current AETNA PPO Health Insurance coverage,
or, upon any change of carrier by OSI or such subsidiary as may provide for
Hickman’s insurance, provide for transfer to such new carrier.
For ABC Inc.:
Name
Position
