Sample Business Contracts


Employment Agreement - Bernard Chaus and Nicholas DiPaolo

Employment Forms

  • Employers can customize an employment agreement that states the salary, benefits, working hours and other important provisions for their new or existing employee.
  • Answer simple questions to build a contract with a consultant. Specify the services rendered, when payment is due, as well as IP rights.
  • Employers who compensate their sales employees based on commissions can prepare an agreement to reduce misunderstandings by specifying the base salary and how commissions are calculated.
  • Companies may offer their business executives a contract that is different from the one provided to their regular employees. Executive employment agreements may be more complex because the compensation structure may include a combination of salary and commissions, provide for bonuses based on sales, stock or other financial targets, and include non-compete, confidentiality and severance provisions.
  • Independent sales representatives offer companies the potential to increase the sale of products or services without the burden of increasing headcount. Both parties should understand how commissions are calculated, when commissions will be paid, as well as how the representative will treat confidential information from the company and whether the representative may also sell a competing line of products or services.
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                               BERNARD CHAUS, INC.
                               530 Seventh Avenue
                                   18th Floor
                               New York, NY 10018



                                 Effective as of
                                December 1, 2003



Mr. Nicholas DiPaolo
530 Seventh Avenue
18th Floor
New York, NY 10018

Dear Mr. DiPaolo:

         We have agreed to amend your employment agreement with Bernard Chaus,
Inc. (the "Company"), dated January 20, 2001 (the "Agreement"), as set forth
below. This amendment shall be effective as of the date hereof. Defined terms
shall have the meaning ascribed to them in the Agreement.

         1. The caption "Term", is amended to extend the term until June 30,
2005. Mr. DiPaolo and Ms. Josephine Chaus shall meet to review the Company's
objectives on or about the first anniversary of the date hereof.

         2. It is acknowledged that the Cumulative EBITDA Target, as referred to
under the caption "Put Options" was not met.

         3. The Company agrees to amend the Stock Option Agreements with respect
to the Sign-On Options and Put Options (collectively, the "Options"), to provide
that the Options shall be transferable to Mr. DiPaolo's children and/or
grandchildren and/or one or more trusts established for the benefit of his
children and/or grandchildren.

         4. It is understood that no rights of Mr. DiPaolo with respect to the
Options or the Put shall be exercisable after November 1, 2005, the expiration
date of the Options.

         5. It is agreed that Mr. DiPaolo may continue to serve on the Board of
Directors of each of JPS Industries, Inc. and Foot Locker, Inc.

         Except as amended hereby, the Agreement shall remain in full force and
effect.


<PAGE>



         Please indicate your acceptance of the terms of this amendment of the
Agreement by your signature below. Once signed by both parties, this letter
shall be binding on both parties.

                                                    Sincerely,


                                                    BERNARD CHAUS, INC.


                                                    By: /s/ Josephine Chaus
                                                        --------------------
                                                        Josephine Chaus
                                                        Chief Executive Officer


Accepted and Agreed to as of the date set forth above:


/s/ Nicholas DiPaolo
--------------------
Nicholas DiPaolo

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