Exhibit 10.104
EMPLOYMENT AGREEMENT
This Employment Agreement (“Agreement”) is made by and between Live Ventures Incorporated (the “Company”) and Wayne Ipsen (“Executive”). Executive and Company shall be referred to herein, collectively, as the “Parties” and, individually, as a “Party.”
RECITALS
WHEREAS, the Company desires to employ Executive on the terms and conditions set forth herein;
WHEREAS, Executive desires to be employed by the Company on such terms and conditions;
WHEREAS, for purposes of Executive’s employment with the Company, Executive agrees that Executive will be considered an executive and officer of the Company; and
WHEREAS, the Parties have never entered into any employment agreement or established an employment relationship with each other.
NOW, THEREFORE, in consideration of the mutual promises made herein, the adequacy and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
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expiration of the Employment Term, Executive shall be entitled to the compensation and benefits described in this Section 5 and shall have no further rights to any compensation or any other benefits from the Company or any of its affiliates.
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Items in Section 5.1(c)(i) through 5.1(c)(iv) are referred to herein collectively as the “Accrued Amounts.” In the event Executive’s employment is terminated upon either Parties’ failure to renew the Agreement pursuant to Section 1, the Company shall not represent the separation as a “termination” of Executive’s employment to outside third- parties, including but not limited to Executive’s potential future employers, except as might be required by Company for purposes of enforcement of this Agreement.
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received reimbursement for six months of COBRA continuation coverage; (ii) the date the Executive is no longer eligible to receive COBRA continuation coverage; and (iii) the date on which the Executive becomes eligible to receive substantially similar coverage from another employer or other source; and
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documentation evidencing the incurrence, amount, and nature of the costs and expenses for which payment is being sought; and (iii) an undertaking adequate under applicable law made by or on behalf of the Executive to repay the amounts so paid if it shall ultimately be determined that the Executive is not entitled to be indemnified by the Company under this Agreement.
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Securities and Exchange Commission, or any other federal, state, or local governmental agency or commission (individually, “Government Agency”; collectively, “Government Agencies”). Executive further understands and acknowledges that this Agreement does not limit Executive’s ability to communicate with any Government Agencies or to otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to the Company.
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products, inventions, improvements, processes, procedures, and techniques and otherwise aid and assist the Company so that the Company can prepare and present applications for copyright or patent letters therefore and can secure such copyright or patent letters wherever possible, as well as reissues, renewals, and extensions thereof, and can obtain the records title to such copyright or patents so that the Company shall be the sole and absolute owner thereof in all countries in which it may desire to have copyright or patent protection. Executive shall not be entitled to any additional or special compensation or reimbursement regarding any and all such writings, inventions, improvements, formulas, processes, procedures and techniques.
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apply:
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Territory during the Restricted Period; provided, however, that nothing in this Agreement shall prohibit Executive from purchasing or owning the publicly traded securities of any entity, where such ownership represents a passive investment and where Executive is not a controlling person of, or a member of a group that controls, the entity.
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or court order relating to the Company and Related Companies, and to furnish, within three business days of its receipt, a copy of such subpoena or other court order.
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President and Chief Executive Officer Live Ventures Incorporated
325 E. Warm Springs Road, Suite 102 j.isaac@isaac.com
13001 W. Woodspring St. Boise, ID 83713 wayne.ipsen@gmail.com
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(ii) award Fees and Costs to the prevailing Party in the event any legal action or arbitration is commenced of any kind or character to enforce the provisions of this Agreement or to obtain damages for a breach thereof.
[Remainder of Page Intentionally Blank; Signature Page Follows]
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IN WITNESS WHEREOF, the Parties have duly executed this Agreement as of the date written below.
Wayne Ipsen, an individual
Dated: October 24, 2022
Wayne Ipsen
Live Ventures Incorporated
Dated: October 24, 2022 By
Jon Isaac
President and Chief Executive Officer
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