InPhonic Inc. Contracts

Sample Business Contracts

Employment Agreement [Amendment No. 1] - InPhonic Inc., StarNumber inc. and Donald Charlton

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.
• More Employment Agreements

CONFIDENTIAL INFORMATION

 

FIRST AMENDMENT TO EMPLOYMENT AGREEMENT

 

THIS FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (this “Amendment”) is made as of this 25th day of May 2004 (“Effective Date”), by and between INPHONIC, INC., a Delaware corporation (the “Company”), StarNumber, Inc., a Delaware corporation and wholly-owned corporation of Company, (“StarNumber”) and Donald Charlton, an individual (the “Executive”).

 

 

RECITALS

 

WHEREAS, the Company and the Executive entered into an Employment Agreement effective as of June 3, 2002 (the “Agreement’) setting forth the terms and conditions upon which the Company agreed to employ the Executive as Executive Vice President for Corporate Development; and

 

WHEREAS, the Company and the Executive now desire to amend the Agreement to the extent, and only to the extent, provided herein; and

 

WHEREAS, any terms not otherwise defined herein shall have the meanings given to them in the Agreement.

 

 

AGREEMENT

 

NOW, THEREFORE, in consideration of the agreements and undertakings contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, agree as set forth below.

 

1.

AMENDMENT TO THE AGREEMENT.

 

Amendment to Section 1 of the Agreement. Section 1 of the Agreement shall be deleted in its entirety and have no further force and effect and shall instead be amended to read: “The Executive hereby accepts the position of President of StarNumber. The Executive shall report directly to the Chief Executive Officer of StarNumber or in the event such position is or remains at any time vacant, the Chief Executive Officer of Company or his or her designee.”

 

1.1    Amendment to Specific Terms. Any reference in the Agreement to “Executive Vice President” shall be deleted and replaced with the term “President”. Any reference to “Company” throughout the Agreement shall hereinafter be interpreted to mean StarNumber, Inc. and not InPhonic, Inc.

 

2. RATIFICATION. Except as provided herein, the Agreement and its terms and provisions shall remain in full force and effect and shall constitute the legal, valid, binding and enforceable obligation of each of StarNumber and the Executive. The Executive’s obligations pursuant to Sections 6, 7, 8 and 15 shall continue in full force and effect related to InPhonic and subsequent to the date of this Amendment, subject to the periods of survival of such provisions.

 

---

CONFIDENTIAL INFORMATION

 

3. CONTROLLING LAW. This Amendment shall be interpreted, and the rights and liabilities of the parties hereto determined, in accordance with the laws and decisions of Washington, D.C., without regard to its principles of conflicts of law.

 

4. MISCELLANEOUS. This Amendment shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. The headings of this Amendment are inserted for convenience only and shall not be deemed to constitute a part of this Amendment. To the extent any provision herein violates any applicable law, that provision shall be considered void and the balance of this Amendment shall remain unchanged.

 

5. ENTIRE AGREEMENT. This Amendment and any exhibit hereto sets forth the entire agreement and understanding of the parties hereto in respect of the matters described herein. The terms herein may not be changed verbally but only by an instrument in writing signed by the party against which enforcement of the change is sought.

 

6. COUNTERPARTS. This Amendment may be executed in two counterpart copies, each of which shall be an original, but all of which taken together shall constitute one and the same instrument. Facsimile signatures shall be considered binding on the parties hereto.

 

IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the date first above written.

 

COMPANY:
INPHONIC, INC.
By:		/s/ Lawrence S. Winkler
		Lawrence S. Winkler Chief Financial Officer