{"id":39570,"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-six-industries-schuff-steel-co-and-chris.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"employment-agreement-six-industries-schuff-steel-co-and-chris","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/compensation\/employment-agreement-six-industries-schuff-steel-co-and-chris.html","title":{"rendered":"Employment Agreement – Six Industries, Schuff Steel Co. and Chris G. Supan"},"content":{"rendered":" EMPLOYMENT AGREEMENT\n\n This EMPLOYMENT AGREEMENT (the \"Agreement\") is made as of this 1st day\nof September, 2000, by and between SIX INDUSTRIES, INC., a Texas corporation\n(the \"Company\"), SCHUFF STEEL COMPANY, a Delaware Corporation (the \"Parent\"),\nand CHRIS G. SUPAN, an individual (\"Executive\").\n\n\n RECITALS\n\n Company desires to employ Executive, and Executive desires to be\nemployed by Company, on the terms and conditions set forth herein.\n\n NOW THEREFORE, in consideration of the mutual covenants, agreements,\nrepresentations, and warranties contained herein and for other good and valuable\nconsideration, the receipt and sufficiency of which are hereby acknowledged, the\nparties agree as follows:\n\n 1. Definitions. As used herein:\n\n (a) \"Parent Confidential Information\" shall mean confidential,\n proprietary information or trade secrets of Parent and its\n subsidiaries, whether now existing, or acquired, developed, or made\n available anytime in the future to or by Parent or its subsidiaries,\n including, without limitation, the following: (1) customer and vendor\n lists and related information as compiled by Parent and its\n subsidiaries, including name, address, contact persons, pricing, sale\n and contract terms and conditions, and contract expirations; (2)\n Parent's and its subsidiaries' internal practices and procedures; (3)\n Parent's and its subsidiaries' financial condition and financial\n results of operation; (4) information relating to Parent's and its\n subsidiaries' strategic planning, sales, financing, bonding and\n insurance, purchasing, marketing, promotion, distribution, and selling\n activities; (5) all information which Executive has a reasonable basis\n to consider confidential or which is treated by Parent or its\n subsidiaries as confidential; and (6) any and all information having\n independent economic value to Parent or its subsidiaries that is not\n generally known to, and not readily ascertainable by proper means by,\n persons who can obtain economic value from its disclosure or use.\n Executive acknowledges that such information is Parent Confidential\n Information whether disclosed to or learned by Executive or originated\n by Executive during his employment by Company or any of its\n subsidiaries. In the event that information is not clearly and\n obviously publicly available, the information shall be presumed to be\n confidential.\n\n (b) \"Termination\" shall mean termination of Executive's\n employment with Company pursuant to Sections 15 to 19 hereof.\n\n\n 2. Effective Date of Agreement. This Agreement will commence as of\nSeptember 1, 2000, and supercedes a similar agreement dated May 3, 1999.\n 2\n 3. Position with Company. Executive shall serve as President of the\nCompany. Executive shall devote his full time and efforts to the affairs of the\nCompany, and shall faithfully and diligently perform all duties commensurate\nwith such position, including, without limitation, those duties reasonably\nrequested by the Company's Board of Directors. In addition, Executive shall be\nsubject to and comply with the Company's policies and procedures.\n\n 4. Salary\/Bonus.\n\n (a) Executive shall be entitled to receive a minimum base\n salary from the Company in the amount of $150,000 annually (prorated as\n appropriate), payable in equal installments in accordance with the\n Company's general salary payment policies (the \"Minimum Base Salary\").\n The Minimum Base Salary shall be reviewed annually in December and may\n be increased at such times and in such amounts as Company's Board of\n Directors shall determine, taking into account Executive's performance\n and duties, and such other factors as it deems appropriate\n\n (b) Executive shall be entitled to receive a minimum annual\n bonus of $30,000 (prorated as appropriate), payable on or before the\n 90th day following the end of the Company's fiscal year. In its\n discretion, the Board of Directors of the Parent may award additional\n bonuses to Executive from time to time.\n\n 5. Stock Options. Beginning with the year 2000, Parent shall annually\ngrant Executive an option to acquire a minimum of 5,000 shares of Parent common\nstock, par value $.001 per share, under the existing option plan of Parent at\nthe closing market price of such shares, as reported on the American Stock\nExchange on the date of grant. In addition, the Board of Directors of Parent\nwill review Executive's option position annually and in its discretion may award\nExecutive additional options based upon Executive's job performance and\nCompany's operating results and financial performance.\n\n 6. Benefit Plans \/ Other Benefits. Executive shall be entitled to\nparticipate in the Company's benefit plans of general application, including its\nhealth insurance program; provided, however, that nothing herein shall restrict\nCompany's ability to terminate or modify any benefit plan or arrangement.\n\n 7. Expenses and Related Matters. Company shall pay for or reimburse\nExecutive for all ordinary and necessary business expenses incurred or paid by\nExecutive in furtherance of Company's business and provide Executive with a\nCompany automobile or an automobile allowance, all subject to and in accordance\nwith Company's policies and procedures of general application and applicable tax\nlaws.\n\n 8. Covenants of Employee. Executive hereby covenants and agrees that,\nduring the term of this Agreement and for a period of twelve months after any\nTermination of employment, Executive will not:\n\n -2-\n 3\n (a) Engage, directly or indirectly, either as principal,\n partner, joint venturer, director, officer, employee, consultant or\n independent contractor, agent, or proprietor or in any other manner\n participate in the ownership, management, operation, or control of any\n person, firm, partnership, limited liability company, corporation, or\n other entity which engages in the business of providing any products or\n services, including, without limitation, engineering, detailing, steel\n fabrication and erection and joist manufacturing, which are competitive\n with those products or services offered or sold by Parent or its\n subsidiaries within any jurisdiction in which Parent or its\n subsidiaries does or proposes to do business.\n\n (b) Directly or indirectly solicit for employment (whether as\n an employee, consultant, independent contractor, or otherwise) any\n person who is or was at any time within six (6) months of Termination\n an employee, consultant, independent contractor or the like of Parent\n or any of its subsidiaries, unless Parent gives its written consent to\n such employment or offer of employment.\n\n (c) Call on or directly or indirectly solicit or divert or\n take away from Parent or any of its subsidiaries (including, without\n limitation, by divulging to any competitor or potential competitor of\n Parent or its subsidiaries) any person, firm, corporation, or other\n entity who is, or during the preceding twelve months was, a customer or\n prospective customer of Parent or any of its subsidiaries.\n\n 9. Confidentiality and Nondisclosure. It is understood that in the\ncourse of Executive's employment with Company, Executive will become acquainted\nwith Parent Confidential Information. Executive recognizes that Parent\nConfidential Information has been developed or acquired at great expense, is\nproprietary to Parent or its subsidiaries, and is and shall remain the exclusive\nproperty of Parent. Accordingly, Executive hereby covenants and agrees that he\nwill not, without the express written consent of Parent, during Executive's\nemployment with Company or its subsidiaries and thereafter or until such time as\nParent Confidential Information becomes generally known, or readily\nascertainable by proper means, by persons unrelated to Parent or its\nsubsidiaries, disclose to others, copy, make any use of, or remove from Parent's\nor its subsidiaries' premises any Parent Confidential Information, except as\nExecutive's duties for Company or its subsidiaries may specifically require.\n\n 10. Acknowledgment; Relief for Violation. Executive hereby agrees that\nthe period of time provided for in Sections 8 and 9 and the territorial\nrestrictions and other provisions and restrictions set forth therein are\nreasonable and necessary to protect Parent, its subsidiaries and its and their\nsuccessors and assigns in the use and employment of the good will of the\nbusiness conducted by Parent and its subsidiaries. Executive further agrees that\ndamages cannot compensate Parent in the event of a violation of Section 8 or 9,\nand that, if such violation should occur, injunctive relief shall be essential\nfor the protection of Parent, its subsidiaries, and its and their successors and\nassigns. Accordingly, Executive hereby covenants and agrees that, in the event\nany of the provisions of Sections 8 and 9 shall be violated or breached, Parent\nand any subsidiary shall be entitled to obtain injunctive relief against\nExecutive, without bond but upon due notice, in addition to such further or\nother relief as may appertain at equity or law. Obtainment of such an injunction\nby Parent shall not be considered an election of remedies or a waiver of any\nright to assert any other remedies which\n\n -3-\n 4\nParent has at law or in equity. No waiver of any breach or violation hereof\nshall be implied from forbearance or failure by Parent to take action thereon.\nExecutive hereby agrees that he has such skills and abilities that the\nprovisions of Sections 8 and 9 will not prevent him from earning a living.\n\n 11. Extension During Breach. Executive agrees that the time period\ndescribed in Sections 8 and 9 shall be extended for a period equal to the\nduration of any breach of such provisions by Executive.\n\n 12. No Conflicts of Interest.\n\n (a) During the period of Executive's employment with Company,\n Executive will not independently engage in the same or a similar line\n of business as Parent or its subsidiaries, or, directly or indirectly,\n serve, advise, or be employed by any individual, firm, partnership,\n association, corporation, or other entity engaged in the same or\n similar line or lines of business.\n\n (b) Executive is not a promoter, director, employee, or\n officer of, or consultant or independent contractor to, a business\n organized for profit, nor will Executive become a partner, promoter,\n director, employee, or officer of, or consultant to, such a business\n while employed by Company or its subsidiaries without first obtaining\n the prior written approval of Parent. Executive disclaims any such\n relationship or position with any such business. Should Executive\n become a promoter, director, employee, or officer of, or a consultant\n to, a business organized for profit upon obtaining such prior written\n approval, Executive understands that Executive has a continuing\n obligation to advise Parent at such time of any activity of Parent or\n such other business that presents Executive with a conflict of interest\n as an employee of Company.\n\n (c) Should any matter of dealing in which Executive is\n involved, or hereafter becomes involved, on his own behalf or as an\n employee of Company, appear to present a possible conflict of interest\n under any policy of Parent or any subsidiary then in effect, Executive\n will promptly disclose the facts to Parent's Board of Directors so that\n a determination can be made as to whether a conflict of interest does\n exist. Executive will take whatever action is requested of Executive by\n Parent or its Board of Directors to resolve any conflict which it finds\n to exist, including severing the relationship which creates the\n conflict.\n\n 13. Return of Company Materials and Parent Confidential Information.\nUpon Termination, Executive shall promptly deliver to Company the originals and\nall copies of any and all materials, documents, notes, manuals, or lists\ncontaining or embodying Parent Confidential Information or relating directly or\nindirectly to the business of Parent or its subsidiaries in the possession or\ncontrol of Executive.\n\n 14. No Agreement With Others. Executive represents, warrants, and\nagrees that Executive is not a party to any agreement with any other person or\nbusiness entity, including former employers, that in any way affects Executive's\nemployment by Company or relates to the same\n\n -4-\n 5\nsubject matter of this Agreement or conflicts with his obligations under this\nAgreement, or restricts Executive's services to Company.\n\n 15. Termination for Cause. Company shall have the right to terminate\nExecutive for Cause at any time if the Board of Directors of Parent determines,\nin its reasonable discretion, that any of the following events have occurred:\n\n (a) Executive willfully fails to perform his duties hereunder\n (whether by reason of drug or alcohol addiction or otherwise), or\n otherwise materially breaches this Agreement;\n\n (b) Executive refuses or fails to follow any lawful direction\n of Company's Board of Directors or violates any lawful rule or\n regulation established by Company from time to time regarding the\n conduct of its businesses and such failure or violation is reasonably\n likely to have a material adverse effect on or be materially disruptive\n to the business; or\n\n (c) Executive is convicted of committing a felony or crime\n (other than routine traffic violations), or engages in conduct\n involving fraud, moral turpitude, dishonesty, gross misconduct,\n embezzlement, theft, or other conduct that is materially detrimental to\n Company or is reasonably likely to have a material adverse impact on\n the standing or reputation of Executive or Company.\n\nCompany shall provide written notice of a termination for Cause hereunder and,\nwith respect to a purported violation of subsection (a) or (b) above that is\ncurable in such time period, shall afford Executive an opportunity to cure or\ndisprove the purported violation for the twenty-day period following such\nnotice. Upon a termination for Cause, Executive shall be entitled to receive\nonly his Minimum Base Salary, the amount of any unpaid Annual Bonus earned in\nany complete fiscal year of the Company preceding the date of Termination, and\nany benefits as are due Executive through the effective date of such\nTermination.\n\n 16. Termination Upon Voluntary Resignation. Executive may resign his\nemployment with Company at any time and shall provide Company with not less than\n90 days prior written notice thereof. In the event Executive voluntarily resigns\nhis employment with Company, Executive shall be entitled to receive only (i)\nsuch Minimum Base Salary through the date of termination, (ii) the amount of any\nunpaid Annual Bonus earned in any completed fiscal year of the Company preceding\nthe date of Termination, (iii) the amount of any unpaid Annual Bonus earned in\nthe year of termination, such bonus to be prorated and payable upon\ndetermination at the end of such year, (iv) stock options earned pursuant to\nSection 5 in any completed fiscal year of the Company preceding the date of\nTermination, and (v) any benefits as are due Executive through the effective\ndate of such resignation.\n\n 17. Termination Upon Death of Executive. If during the term of this\nAgreement Executive dies, then this Agreement shall terminate and Company shall\npay to the estate of Executive only (i) such Minimum Base Salary through the\ndate of termination, (ii) the amount of any unpaid Annual Bonus earned in any\ncompleted fiscal year of the Company preceding the date of Termination, (iii)\nthe amount of any unpaid Annual Bonus earned in the year of termination, such\n\n -5-\n 6\nbonus to be prorated and payable upon determination at the end of such year,\n(iv) stock options earned pursuant to Section 5 in any completed fiscal year of\nthe Company preceding the date of Termination, and (v) any benefits as are due\nExecutive through the date of his death.\n\n 18. Termination Upon Disability of Executive. If during the term of\nthis Agreement Executive is unable to perform the services required of Executive\npursuant to this Agreement for a continuous period of ninety (90) days due to\ndisability or incapacity by reason of any physical or mental illness (as\nreasonably determined by Parent's Board of Directors and consistent with the\nstandards set forth in Parent's stock option plan), then Company shall have the\nright to terminate this Agreement at the end of such ninety-day period by giving\nwritten notice to Executive. Executive shall be entitled to receive only (i)\nsuch Minimum Base Salary through the date of termination, (ii) the amount of any\nunpaid Annual Bonus earned in any completed fiscal year of the Company preceding\nthe date of Termination, (iii) the amount of any unpaid Annual Bonus earned in\nthe year of termination, such bonus to be prorated and payable upon\ndetermination at the end of such year, (iv) stock options earned pursuant to\nSection 5 in any completed fiscal year of the Company preceding the date of\nTermination, and (v) any benefits as are due Executive through the date of such\nTermination.\n\n 19. Termination by Company Other than for Cause, Death, Disability, or\nVoluntary Resignation. Company may elect at any time to terminate Executive for\nany reason other than for Cause, death, disability, or voluntary resignation of\nExecutive. If such Termination occurs, Executive shall be entitled to receive\n(i) an amount equal to the Minimum Base Salary for the following twelve months,\nsuch amount to be paid in a lump sum promptly following such termination, (ii)\nthe amount of any unpaid Annual Bonus earned in any completed fiscal year of the\nCompany preceding the date of Termination, (iii) the Annual Bonus for the fiscal\nyear of termination, payable upon determination at the end of such fiscal year,\n(iv) stock options earned pursuant to Section 5 in any completed fiscal year of\nthe Company preceding the date of Termination, and (v) any benefits as are due\nExecutive through the date of such Termination.\n\n 20. Termination Upon Voluntary Resignation for Good Reason. The\nExecutive may resign his employment at any time for Good Reason. \"Good Reason\"\nshall mean (i) the removal of the Executive from the position of President of\nthe Company, or a material reduction by the Company in the Executive's\nauthorities, powers, functions or duties; (ii) relocation of the Executive's\nprincipal office from Houston, Texas; (iii) the failure of the successor to the\nCompany to adopt and assume the Company's obligations under this Agreement\npursuant to Section 26; or (iv) a material breach of this Agreement by the\nCompany or Parent. Executive shall provide the Company with written notice of a\ntermination for Good Reason hereunder and, shall afford the Company the\nopportunity to cure the removal, reduction, relocation, failure or breach, as\napplicable, during the 20 day period following the notice. Upon a termination\nfor Good Reason, Executive shall be entitled to receive (i) an amount equal to\nthe Minimum Base Salary for the following twelve months, such amount to be paid\nin a lump sum promptly following such termination, (ii) the amount of any unpaid\nAnnual Bonus earned in any completed fiscal year of the Company preceding the\ndate of Termination, (iii) the Annual Bonus for the fiscal year of termination,\npayable upon determination at the end of such fiscal year, (iv) stock options\nearned pursuant to Section 5 in any completed fiscal\n\n -6-\n 7\nyear of the Company preceding the date of Termination, and (v) any benefits as\nare due Executive through the date of such Termination.\n\n 21. Dispute Resolution. (a) Except as specifically provided herein, any\nunresolved dispute or controversy arising under or in connection with this\nAgreement, or the breach thereof, shall be exclusively and finally settled by\nbinding arbitration pursuant to this Section 21. The arbitration proceedings\nshall be conducted in accordance with the terms of this Section 21 and the\nCommercial Arbitration Rules of the American Arbitration Association as in\neffect from time to time (the \"Arbitration Rules\").\n\n (b) Any party hereto may invoke arbitration under Section 21\n at any time by serving on the other interested parties a written notice\n of arbitration, which shall specify with reasonable details (1) the\n matter in dispute, (2) the relief requested and (3) the grounds\n therefor. The arbitration shall be heard and determined by a single\n arbitrator who shall be impartial and independent of the parties to the\n dispute. The single arbitrator shall be appointed by the unanimous\n consent of the parties. If the parties cannot reach agreement on an\n arbitrator within thirty (30) days of the submission of a notice of\n arbitration, the arbitrator shall be selected by the Phoenix Office of\n the American Arbitration Association. If an arbitrator should die,\n withdraw or otherwise become incapable of serving, a replacement shall\n be selected and appointed in a like manner as the original arbitrator.\n\n (c) (i) Unless the parties and the arbitrator agree\n otherwise, the arbitration proceedings shall be held in Phoenix,\n Arizona, at a place determined by the arbitrator.\n\n (ii) The parties may offer such evidence as is\n relevant and material to the dispute and shall produce such additional\n evidence as the arbitrator may deem necessary to the determination of\n the dispute.\n\n (d) The prevailing party in any such arbitration proceedings\n shall be entitled to attorneys' fees and other out-of-pocket expenses\n reasonably and necessarily incurred in connection with such\n proceedings, the amounts of which shall be contained in the award of\n the arbitrator.\n\n (e) This Section 21 shall survive the termination or\n expiration of this Agreement.\n\n (f) Nothing herein shall limit a party's rights to seek\n equitable relief, including specific performance or injunctive relief,\n from a court of law.\n\n 22. Severability; Reformation. In the event any court or arbiter\ndetermines that any of the restrictive covenants in this Agreement, or any part\nthereof, is or are invalid or unenforceable, the remainder of the restrictive\ncovenants shall not thereby be affected and shall be given full effect, without\nregard to invalid portions. If any of the provisions of this Agreement should\never be deemed to exceed the temporal, geographic, or occupational limitations\npermitted by applicable laws, those provisions shall be and are hereby reformed\nto the maximum temporal, geographic, or occupational\n\n -7-\n 8\nlimitations permitted by law. In the event any court or arbiter refuses to\nreform this Agreement as provided above, the parties hereto agree to modify the\nprovisions held to be unenforceable to preserve each party's anticipated\nbenefits thereunder.\n\n 23. Notices. All notices and other communications hereunder shall be in\nwriting and shall be sufficiently given if made by hand delivery, by telecopier,\nor by registered or certified mail (postage prepaid and return receipt\nrequested) to the parties at the following addresses (or at such other address\nfor a party as shall be specified by it by like notice):\n\n\n<\/pre>\n
\n\n
\n If to Parent
\n or Company : Schuff Steel Company
\n 420 South 19th Avenue
\n Phoenix, Arizona 85009
\n Phone: (602) 251-0367
\n FAX: (602) 452-4465
\n Attention: President<\/p>\n With a copy to: Snell & Wilmer L.L.P.
\n One Arizona Center
\n Phoenix, Arizona 85004-0001
\n Phone: (602) 382-6252
\n FAX: (602) 382-6070
\n Attn: Steven D. Pidgeon, Esq.<\/p>\n
If to Executive: Chris G. Supan
\n 4107 Stillwater Drive
\n Missouri City, TX 77459
\n<\/c><\/c><\/s><\/caption>\n<\/table>\n
All such notices and other communications shall be deemed to have been
\nduly given: when delivered by hand, if personally delivered; three business days
\nafter being deposited in the mail, postage prepaid, if delivered by mail; and
\nwhen receipt is acknowledged, if telecopied.<\/p>\n
24. Counterparts. This Agreement may be executed in any number of
\ncounterparts, and each counterpart shall constitute an original instrument, but
\nall such separate counterparts shall constitute one and the same agreement.<\/p>\n
25. Governing Law. The validity, construction, and enforceability of
\nthis Agreement shall be governed in all respects by the laws of the State of
\nTexas, without regard to its conflict of laws rules.<\/p>\n
26. Assignment; Third Party Beneficiaries. This Agreement shall not be
\nassigned by operation of law or otherwise, except that Company may assign all or
\nany portion of its rights under this Agreement to any subsidiary or affiliate of
\nthe Company, but no such assignment shall relieve<\/p>\n
-8-
\n 9
\nCompany of its obligations hereunder, and except that this Agreement may be
\nassigned to any corporation or entity with or into which Company may be merged
\nor consolidated or to which Company transfers all or substantially all of its
\nassets, and such corporation or entity assumes this Agreement and all
\nobligations and undertakings of Company hereunder. Parent and its subsidiaries
\nare third party beneficiaries hereof and each may enforce this Agreement.<\/p>\n
27. Further Assurances. At any time on or after the date hereof, the
\nparties hereto shall each perform such acts, execute and deliver such
\ninstruments, assignments, endorsements and other documents and do all such other
\nthings consistent with the terms of this Agreement as may be reasonably
\nnecessary to accomplish the transaction contemplated in this Agreement or
\notherwise carry out the purpose of this Agreement.<\/p>\n
28. Gender, Number and Headings. The masculine, feminine, or neuter
\npronouns used herein shall be interpreted without regard to gender, and the use
\nof the singular or plural shall be deemed to include the other whenever the
\ncontext so requires.<\/p>\n
29. Waiver of Provisions. The terms, covenants, representations,
\nwarranties, and conditions of this Agreement may be waived only by a written
\ninstrument executed by the party waiving compliance. The failure of any party at
\nany time to require performance of any provisions hereof shall, in no manner,
\naffect the right at a later date to enforce the same. No waiver by any party of
\nany condition, or breach of any provision, term, covenant, representation, or
\nwarranty contained in this Agreement, whether by conduct or otherwise, in any
\none or more instances, shall be deemed to be or construed as a further or
\ncontinuing waiver of any such condition or of the breach of any other provision,
\nterm, covenant, representation, or warranty of this Agreement.<\/p>\n
30. Attorneys’ Fees and Costs. If any legal action or any arbitration
\nor other proceeding is brought for the enforcement of this Agreement, or because
\nof an alleged dispute, breach, default, or misrepresentation in connection with
\nany of the provisions of this Agreement, the successful or prevailing party or
\nparties shall be entitled to recover reasonable attorneys’ fees, accounting
\nfees, and other costs incurred in that action or proceeding, in addition to any
\nother relief to which it or they may be entitled.<\/p>\n
31. Paragraph Headings. The paragraph headings in this Agreement are
\nfor reference purposes only and shall not affect in any way the meaning or
\ninterpretation of this Agreement.<\/p>\n
32. Amendment. This Agreement may be amended only by an instrument in
\nwriting executed by all parties hereto.<\/p>\n
33. Expenses. Except as otherwise expressly provided herein, each party
\nshall bear its own expenses incident to this Agreement and the transactions
\ncontemplated hereby, including without limitation, all fees of counsel,
\nconsultants, and accountants.<\/p>\n
-9-
\n 10
\n 34. Entire Agreement. This Agreement constitutes and embodies the full
\nand complete understanding and agreement of the parties hereto with respect to
\nthe subject matter hereof, and supersedes all prior understandings or
\nagreements, whether oral or in writing.<\/p>\n
35. Withholding. Executive acknowledges and agrees that payments made
\nto Executive by Company pursuant to the terms of this Agreement may be subject
\nto tax withholding and that Company may withhold against payments due Executive
\nany such amounts as well as any other amounts payable by Executive to Company.<\/p>\n
36. Release. Receipt of any of the benefits to be provided to Executive
\nunder this Agreement following termination of Executive’s employment hereunder
\nshall be subject to Executive’s compliance with any reasonable and lawful
\npolicies or procedures of Company relating to employee severance including the
\nexecution and delivery by Executive of a release reasonably satisfactory to
\nCompany of any and all claims that Executive may have against Company or any
\nrelated person, except for the continuing obligations provided herein, and an
\nagreement that Executive shall not disparage Company or any of its directors,
\nofficers, employees or agents.<\/p>\n
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]<\/p>\n
-10-
\n 11
\n IN WITNESS WHEREOF, the parties hereto have duly executed this
\nAgreement or caused this Agreement to be duly executed on their respective
\nbehalf, by their respective officers thereunto duly authorized, all as of the
\nday and year first above written.<\/p>\n
SIX INDUSTRIES, INC., a
\n Texas corporation<\/p>\n
By: \/s\/ Chris G. Supan
\n ————————————————
\n Name: Chris G. Supan
\n Its: President<\/p>\n
SCHUFF STEEL COMPANY, a
\n Delaware corporation<\/p>\n
By: \/s\/ Scott Schuff
\n ————————————————
\n Name: Scott Schuff
\n Its: President<\/p>\n
\/s\/ Chris G. Supan
\n ————————————————
\n CHRIS G. SUPAN<\/p>\n
-11-<\/p>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[8773],"corporate_contracts_industries":[9481],"corporate_contracts_types":[9539,9544],"class_list":["post-39570","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-schuff-international-inc","corporate_contracts_industries-construction__specialty","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\/39570","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=39570"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=39570"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=39570"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=39570"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}