{"id":39054,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/employment-agreement-dean-amp-amp-deluca-and-duminda-de-silva.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"employment-agreement-dean-amp-amp-deluca-and-duminda-de-silva","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/compensation\/employment-agreement-dean-amp-amp-deluca-and-duminda-de-silva.html","title":{"rendered":"Employment Agreement &#8211; Dean &#038; Deluca and Duminda De Silva"},"content":{"rendered":"<pre>                                  DEAN &amp; DELUCA\n                                  560 Broadway\n                            New York, New York 10012\n\n\n\n\n\nJune 8, 1998\n\n\n\nMr. Duminda De Silva\nc\/o Old Boston Restoration\n477 Shawmut Avenue\nBoston, MA  02118\n\nDear Duminda:\n\nThe following are the terms of your at will employment at Dean &amp; Deluca as Vice\nPresident and General Manager of the Catalogue Division. Your position, based in\nthe new corporate offices in New York City, will report directly to me.\n\nYou will have full profit and loss responsibility for the catalogue division,\nand be accountable for supervising all aspects of catalogue operations,\nincluding marketing\/circulation management, order fulfillment and warehousing,\ncall center operations, catalogue production and creative direction, product\nbuying\/merchandising and catalogue staffing. Your objective will be to grow\nsales and create a long-term, profitable enterprise which reflects the superior\nquality, excellence, ambiance and brand recognition associated with the Dean &amp; Deluca name. Your desire to assume a broader brand development role for the\ncompany is one that you could evolve into after you get your hands around the\ncatalogue business - although I would expect there will be overlap in\npositioning the catalogue.\n\nYou will be expected to encourage full and open communication with your staff,\nand to foster a working environment which embraces the principles of continuous\nimprovement and excellence in execution. I will expect you to communicate with\nme on a regular basis, so there are no surprises. You should feel free to\nexpress yourself candidly about matters affecting your division; just expect a\nlot of questions from me, and healthy debate. Finally, you should employ market\nbased management principles in all of your commercial decision making, and act\nwith a sense of urgency in executing your plans.\n\nYour annual base salary will be $120,000 with an opportunity to receive a bonus\nof up to 25% of your base salary on your first anniversary based on your job\nperformance. Because the members of our team shared my high opinion of you, we\nare willing to meet your compensation objectives. We are \n\n\n\ncommitted to rewarding people who make significant and valuable contributions to\nour organization. Although you do not bring specific catalogue experience to the\ntable, we have great confidence that you will 'learn the ropes' in short order.\nAll of us were taken by your enthusiasm and passion for this business, and\nbelieve you will accomplish your 'vision' for the company.\n\nYou will receive standard health benefits after 90 days of employment and will\nbe eligible to participate in our 401K plan on your first anniversary date.\nThese and other benefits and responsibilities are more fully defined in Employee\nHandbook which has already been issued to you. We will also reimburse you for\nreasonable moving costs between Boston and New York, including one trip to New\nYork to secure permanent housing. Please call Lori Fernandez at extension 236 if\nyou need assistance in locating an apartment.\n\nAdditionally, you will have the opportunity to participate in our non-qualified\nemployee stock option plan after one year of employment. The granting of these\noptions will be based on your job performance, and is strictly discretionary at\nthe will of the committee responsible for administering the plan. The granting\nof options is subject to a vesting schedule and other terms and conditions which\nare set forth in the stock option plan and stock option agreement, which you\nwill receive upon eligibility in the plan.\n\nWe would like you to start as soon as possible, but recognize you have\nobligations at Koch Industries that may require you to give more than the\nstandard two week's notice. You also have expressed interest in attending the\nHarvard Strategic Marketing Management Course which commences on June 14 and\nends on June 26, 1998. Dean &amp; Deluca will reimburse you for tuition costs not to\nexceed $9,000. In light of the above, please give me an indication of when you\nwill be able to start.\n\nDuminda, I know I speak for all the people you have met at Dean &amp; Deluca in\nexpressing our enthusiasm about the prospects of you joining our team. Your\nprofessionalism and passion for food and brand development, combined with our\ncommitment to quality and excellence, shall prove to be a winning combination.\n\n                                       2\n\n\nThis offer of employment is subject to having satisfactory interviews in\nWichita, which we have every confidence will go as well as they did here in New\nYork. I would like to arrange your visit to Wichita as soon as possible. Please\ncall me or Lori to set a mutually convenient time, or if you have any questions\nor comments concerning this letter. If the terms and conditions of this letter\nare acceptable, please sign and fax back to me at my confidential fax - (212)\n965-1765.\n\nYours sincerely,\n\n\n\/s\/ DANE J. NELLER\n------------------------------\nDane J. Neller\nPresident and Chief Executive Officer\n\n\nAgreed and Accepted:\n\n\n\/s\/ Duminda De Silva\n------------------------------\nDuminda De Silva\n\n\n6\/16\/98\n------------------------------\nDate\n\n\n                                       3\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[7276],"corporate_contracts_industries":[9501],"corporate_contracts_types":[9539,9544],"class_list":["post-39054","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-dean---deluca-inc","corporate_contracts_industries-retail__misc","corporate_contracts_types-compensation","corporate_contracts_types-compensation__employment"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/39054","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=39054"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=39054"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=39054"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=39054"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}