Employment Agreement (2017)Full Document 

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EMPLOYMENT AGREEMENT

This Employment Agreement (“Agreement”) is entered into by and between American BriVision (Holding) Corp, a Nevada company (“Employer”), and Howard Doong (“Employee”), to be effective on September 15, 2017 (the “Effective Date”).

WHEREAS, Employer is desirous of employing Employee pursuant to the terms and conditions and for the consideration set forth in this Agreement, and Employee is desirous of entering the employ of Employer pursuant to such terms and conditions and for such consideration.

NOW, THEREFORE, for and in consideration of the mutual promises, covenants, and obligations contained herein, Employer and Employee agree as follows:

ARTICLE 1: EMPLOYMENT AND DUTIES

1.1. Employer agrees to employ Employee, and Employee agrees to be employed by Employer, beginning as of the Effective Date and continuing until September 14, 2018, and for additional consecutive one year periods thereafter (the “Term”) unless terminated as provided herein and subject to the other terms and conditions of this Agreement.

1.2. Beginning Effective Date, Employee shall be employed as Chief Executive Officer and President of Employer. Employee agrees to serve in the assigned position and to perform diligently and to the best of Employee’s abilities the duties and services appertaining to such position as determined by Employer, as well as such additional or different duties and services appropriate to such position which Employee from time to time may be reasonably directed to perform by Employer. Employee shall at all times comply with and be subject to such policies and procedures as Employer may establish from time to time.

1.3. Employee shall, on a need basis, during the period of Employee’s employment by Employer, devote Employee’s sufficient business time (at least 10 hours per week), energy, and best efforts to the business and affairs of Employer. Employer understands that the nature of the services to be provided by the Employee are part time and that the Employee will be engaged in other business during the term of this Agreement. The foregoing notwithstanding, the parties recognize and agree that Employee may engage in passive personal investments and other business activities, which do not conflict with the business and affairs of the Employer or interfere with Employee’s performance of his duties hereunder.

1.4. Employee acknowledges and agrees that Employee owes a fiduciary duty of loyalty, fidelity and allegiance to act at all times in the best interests of the Employer and to do no act which would intentionally injure Employer’s business, its interests, or its reputation. Employee agrees that Employee shall not knowingly become involved in a conflict of interest with Employer, or its affiliates, or upon discovery thereof, allow such a conflict to continue, except as approved by a majority of members of Employer’s Board of Directors.

1.5. Employee acknowledges and agrees that Employee is expressly prohibited from purchasing or selling securities of the Company based on any material non-public information obtained during the course of performing services to the Company. In addition, Employee is prohibited from informing, or “tipping,” any other person about such material information.

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