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4. HOURS OF WORK
1. Based on labor legislation in force, the company’s effective working hours
set to 48 (forty eight) hours per week by the number of workdays 6 (six)
days per week.
2. Clock-in is at 10:00 am and curfew is at 18:00 pm.
3. The period of rest on Monday through Thursday and Saturday is set for 1
(one) hour, at 12:00 pm to 13:00 pm.
4. The period of rest on Friday is set for 2 (two) hours, at 12:00 pm to 14:00
pm.
5. COMPENSATION
1. Subject to the following provisions of this Agreement, during the
Employment Period the SECOND PARTY shall be compensated for his
services as follows:
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2. SECOND PARTY shall receive an annual salary, payable in monthly or
more frequent installments, in an amount which shall initially be
Rp.30.000.000,- per annum, subject to such increases as may from time to
time be determined by the FIRST PARTY.
3. SECOND PARTY shall be entitled to vacations of not less than 2 weeks
per year.
4. SECOND PARTY shall be entitled to such other perquisites as may be
customarily granted by the FIRST PARTY to employees of similar rank
and position.
7. DISABILITY
1. Subject to the provisions of article 10, if the Employee's employment is
terminated during the Employment Period by reason of his Disability (as
defined below).
2. Employee shall continue to receive an annual salary and benefits in
accordance with article 6 through the end of the 12 full calendar month of
such disability but not in any event beyond the end of the Employment
Period.
3. For purposes of this Agreement the term "Disability" means a physical or
mental disability which renders the Employee incapable of performing his
duties under this Agreement and which disability has existed for at least 6
months, as determined by an independent physician selected by the
Company and agreed to by the Employee.
4. Any salary payments to the Employee shall be reduced by the
5. amount of any benefits paid for the same period of time under the
Company's disability insurance programs.
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8. COMPETING BUSINESSES
1. During the period of his employment under this Agreement, the Employee
shall not be employed by or otherwise engage in or be interested in any
business in competition with the Company, or with any of its subsidiaries
or affiliates, except that the Employee's investment in any such business
shall not be considered a violation of this paragraph if either
(a) the Employee owns less than 25% of the equity thereof,
(b) such business is not in competition with the Company.
9. CONFIDENTIALITY
During and after the Employment Period, SECOND PARTY will not divulge or
appropriate to his own use or to the use of others, in competition with the
Company, any secret or confidential information, recipe or knowledge pertaining
to the business of the Company, or of any of its subsidiaries, obtained by him in
any way while he was employed by the Company or by any of its subsidiaries.
11. NOTICES
Any notice required or permitted to be given under this Agreement shall be
sufficient if in writing and if sent by registered mail to the Company at its
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principal executive offices or to the SECOND PARTY at the last address filed by
him in writing with the Company, as the case may be.
13. SUCCESSORS
This Agreement shall be binding upon, and inure to the benefit of, the FIRST
PARTY and its successors and assigns and upon any person acquiring, whether by
merger, consolidation, purchase of assets or otherwise, all or substantially all of
the Company's assets and business.
15. COUNTERPARTS
The Agreement may be executed in two or more counterparts, any one of which
shall be deemed the original without reference to the others.
16. PROPERTY
1. SECOND PARTY acknowledges that all files, customer records, lists,
books, records, literature, software, products and work products developed
by the SECOND PARTY in the course of his/her employment with the
Employer.
2. Other materials owned by the FIRST PARTY or used by the FIRST
PARTY in connection with the conduct of business by the FIRST PARTY
shall at all times remain the sole property of the FIRST PARTY, and the
SECOND PARTY agrees that upon request and upon termination of the
Employee’s employment hereunder, howsoever arising, the Employee shall
surrender to the Employer all such files, customer records, lists, books,
records, literature, products, software, work products, and any copies thereof
and all other property belonging to the Employer.
17. GRATUITIES
1. SECOND PARTY must immediately report in writing to FIRST PARTY
any offer by customers, suppliers, distributors and other such persons
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having a similar connection with the FIRST PARTY, whether actual or
prospective, any offer of gifts or services.
2. SECOND PARTY must not accept or agree to accept such offers without
the prior written agreement of FIRST PARTY. This applies to any gifts or
services offered directly or indirectly from any person firm or company with
whom the Employer conducts business or may conduct business.
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2. SECOND PARTY is required to read the policy and take all necessary steps
to comply. Failure to comply may result in disciplinary action including
dismissal.
23. INDEMNITY
The Employee will indemnify the Employer in respect of any liability incurred by
the Employer as a direct consequence of the Employee’s negligence, breach of
contract, breach of duty or breach of trust in relation to the affairs of the Employer.
24. RESIGNATION
1. If the SECOND PARTY resigned amicably, then the SECOND PARTY is
entitled to a cash salary, benefits, and overtime in accordance with the
number of working days has been held.
2. The resignation is well shown in the following ways.
3. The SECOND PARTY continue to perform his/her duties until his/her
resignation is effective deadline.
4. The SECOND PARTY delivered the goods entrusted to her/him and has
also completed the financial administration to be completed.
5. FIRST PARTY SECOND PARTY discretion may ask to leave the company
advance with full payment for 30 (days) of the day.
25. GENERAL
The Employer reserves the right to vary the terms of employment contained in this
Agreement. The Employer will notify the Employee in writing within one month of
such variation. This statement replaces all of the Employee’s previous terms and
conditions of employment with the Employer.
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Section 1.2. Annual Review. Employer will provide Employee annual
reviews, which may result in an increase in salary to Employee, but any increase
in salary is in the sole discretion of Employer.
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may not release as a matter of law. Section 1542 of the California Civil Code
provides that a general release does not extend to claims which the creditor does
not know or suspect to exist in his or her favor at the time of executing the release
which if known by him or her must have materially affected his or her settlement
with the debtor. Acknowledging this Section 1542, both parties voluntarily elect
to waive the rights described therein and elect to assume all risks for claims that
may exist in their favor, known or unknown, arising from the subject matter of
this Transition Letter.
30. Entire Agreement.
This Transition Letter, including your Confidentiality Agreement, the stock
option agreement covering the Option (as modified herein), the restricted stock
unit agreements covering the Consultant ZSU and the Additional ZSU (as
modified herein), and the Plan constitute the entire agreement and understanding
of the parties with respect to the subject matter of this Transition Letter, and
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supersede any and all prior understandings and agreements, whether oral or
written, between or among the parties hereto with respect to the specific subject
matter hereof, including without limitation the Prior Letter and any letter detailing
the terms of and compensation for your Board service.