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Exhibit 10.9
SERVICE CONTRACT
1. INTRODUCTION
This Contract is made between Diamond Cable (Nottingham) Ltd, the Employer and
Stephen Rowles, the Employee. The purpose of the Contract is to establish an
employment relationship between the two parties.
2. SERVICE CONTRACT PERIOD
The Contract is made for a fixed-term period commencing 1 April 1996 until
1 July 1999. It will continue beyond it's fixed term unless or until notice is
given in accordance with paragraph 9. Your employment with Diamond Cable
commenced on 17 February 1992. No previous service counts towards this
continuous period of employment.
3. JOB TITLE & PLACE OF WORK
The Employee's job title will be Director of Telecommunications. The immediate
supervisor is Mr G Davis, Managing Director. Your normal place of work will be
Diamond Plaza, Daleside Road, Nottingham although you may be required to work
elsewhere within the Diamond Cable operating area.
4. HOURS OF WORK
The Employee will attend for work for those hours necessary for the successful
undertaking of his job and as may, from time to time, be laid down by the
Company.
5. DUTIES
Under the terms of this Contract, the Employee will perform those duties
specifically required by the Employer. The Employee will perform those specific
duties in a way commensurate with the Telecom Director's position. any variation
to specific duties will be discussed and agreed by both parties to the Contract
prior to their introduction.
6. SALARY
The basic salary applicable to this Contract is pound sterling 75,000 per annum,
paid monthly in arrears on the final day of the month. Salary will be reviewed
on 1st January each year dependant upon performance, the responsibilities of the
post and other relevant factors. In addition to basic annual salary, the
Employee will receive commission and bonus payments based upon criteria agreed
from time to time. In the first twelve months of the existence of this contract,
the on-target earnings will be pound sterling 100,000 per annum with a maximum
earnings of pound sterling 125,000 per annum.
Continued...
Diamond Cable Communications is the business name of
Diamond Cable (Nottingham) Limited, a member of the Diamond Cable Communications
Group of companies
Diamond Plaza Daleside Road Nottingham NG2 3GG Telephone: (0115) 952 2222
Facsimile: (0115) 912 2211
LOGO
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7. BENEFITS
The following benefits will apply to this Contract:
a. Holidays -- 20 days plus 8 statutory days per calendar year
b. Pension -- a 6% contribution to the Personal Pension Scheme set up
by the Company. A contribution of at least 4% will be
payable by the Employee
c. Life Insurance -- life cover of 3 times the basic annual salary payable on
the death of the Employee during the Contract period
d. Nett Pay
Scheme -- in the event of prolonged absence through
illness or accident (more than 28 continuous days),
payments at the rate of 90% of nett pay will be payable
to the Employee, subject to the rules of Nett Pay Group
Long Term Disability Insurance Scheme
e. Company
Vehicle -- the Employer will provide the Employee with a
motor vehicle for his business and personal use. The
vehicle will be fully expensed and of a type in
accordance with the Employer's Car Policy
f. Medical
Cover -- the Employer will provide the Employee, his or her
spouse and any children under the age of 18 years, with
private medical cover for the duration of this contract
g. Sickness
Benefits -- a. the Company will continue to pay the Employer
at his normal rate of pay during any period of absence
through sickness or injury up to an aggregate maximum of
40 days in any calendar year during the first six
calendar years of the Employment and up to an aggregate
maximum of 60 days in any calendar year thereafter
b. statutory sick pay (SSP) will be paid by the Company
appropriate in accordance with legislation in force at
the time of absence. Any payment made by the Company will
discharge its obligation to pay SSP
Continued ...
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7. BENEFITS (Contd)
g. Sickness Benefits c. the Employee will not be paid in respect of any
period during which he has been absent (other
than by reason of sickness or injury) without
leave
d. the Company reserves the right to require the
Employee to undergo a medical examination by a
doctor appointed by the Company at any time
8. EXISTING PROCEDURES
All policy procedures and customs and practise in existence at the inception of
the Contract will be maintained during it's existence. Any variation will be the
subject of separate agreement outside of this Contract.
9. NOTICE
a. The Contract will operate for the fixed term period in paragraph 2. Notice
to terminate can be given by either party, such notice will be of twenty four
months duration except in the special circumstances identified in paragraph b.
below.
b. There will be a special provision covering notice which allows the
Employee to give three months notice to terminate this Contract in favour of
any option to take up employment with European Cable Capital Partners or a
company under their direction or control. This provision will take precedent
over paragraph 9a. above if exercised and will be an option to be taken solely
at the discretion of the Employee only.
10. GRIEVANCE
a. If, at any time, the Employee has any grievance relating to the
Employment, he may seek redress orally or in writing by the Managing Director.
The decision of the Managing Director will be final and binding in this respect.
b. The Disciplinary Rules and Procedures applicable to Diamond Cable
(Nottingham) Ltd shall apply to the Employee in respect of this Contract.
Signed on behalf of
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DIAMOND CABLE (NOTTM) LTD
Signed -----------------------------
EMPLOYEE
Dated -----------------------------