Executive Employment Agreement (2006)Full Document 

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     This EMPLOYMENT AGREEMENT (“Agreement”) is executed as of the 28th day of March 2002, by and between ROBERT MERCER, an individual (“Employee”), EN POINTE TECHNOLOGIES, INC., a Delaware corporation (the “Company”), with reference to the following facts:
     A. Employee is an individual possessing unique management and executive talents of value to the Company and has been its Senior Vice President-Taxation & Finance.
     B. The Company desires to continue the employment of Employee as the Senior Vice President-Taxation & Finance for the Company, and Employee desires to accept such employment, all on the terms and conditions set forth in this Agreement.
     In consideration of the foregoing recitals and of the covenants and agreements herein, the parties agree as follows:
1.   Term. The Company hereby engages Employee to perform his duties and render the services set forth in Section 2 for a period commencing on March 16, 2002 (the “Effective Date”) and ending on March 15, 2003, (the “Employment Period”) and Employee hereby accepts said employment and agrees to perform such services during the Employment Period. Unless this Agreement is terminated pursuant to Section 4 or unless either party gives the other written notice to the contrary prior to expiration date, this Agreement, together with any changes which have occurred during the employment period then expiring, shall automatically renew at the end of the Employment Period on a month-to-month basis.
2.   Duties.
  2.1.   Senior Vice President-Taxation & Finance: Performing executive work of major importance to the Company, with the primary focus being the profitable management and profitable growth of the Company. During the Employment Period, Employee shall devote his full business time and attention to performing his duties as Senior Vice President-Taxation & Finance of the Company. Such responsibility shall include, but not be limited to:
  2.1.1.   Administering and controlling the issuance of the corporation’s stock, including the determination of correct share allocations for exercise of warrants, options, and other derivatives.
  2.1.2.   Administering the company’s stock option plan from the time of grant to their exercise or cancellation upon termination and the related employee tax reporting on Form W-2 as well as the corporate financial reporting.
  2.1.3.   Administering the company’s Stock Purchase Plan; includes:



Executive Employment Agreement: Robert Mercer
March 28, 2002   Reviewing and approving semi-annual plan allocations and issuing corporate stock.   Annually administering the tax reporting on Form W-2.
  2.1.4.   Assisting with the preparation of various SEC filings including, but not limited to, 10-Ks, 10-Qs, 8-Ks, Insider reporting on Forms 3, 4, and 5, Proxy reports.
  2.1.5.   Preparing cash flow statements, financial footnotes, and other supporting schedules.
  2.1.6.   Researching major financial and tax issues.
  2.1.7.   Reviewing major contracts and providing signatory approval.
  2.1.8.   Signing vendor and payroll checks.
  2.1.9.   Overseeing all corporate tax reporting, exclusive of payroll tax reporting which is outsourced to payroll vendor.
  2.1.10.   Assisting in the review and placement of corporate insurance, including liability, property and casualty and directors’ and officers’ insurance.
  2.1.11.   Approving stock purchases or sales for Section 16 insiders.
  2.1.12.   Carrying out supervisory responsibilities in accordance with the organization’s policies and applicable laws; include interviewing, hiring, and training employees; planning, assigning, and directing work; appraising performance; rewarding and disciplining employees; addressing complaints and resolving problems.

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