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1. Parties: Identifies the employer and employee, including their complete legal names and addresses
2. Background: Establishes the context of the agreement, including the employee's position and the purpose of the incentive program
3. Definitions: Defines key terms used throughout the agreement, including specific performance metrics, calculation periods, and incentive types
4. Eligibility Criteria: Specifies the conditions that must be met to qualify for the incentive program
5. Incentive Structure: Details the types of incentives offered and their respective values or calculation methods
6. Performance Metrics: Outlines the specific performance indicators or goals that will be used to determine incentive payments
7. Payment Terms: Specifies when and how incentive payments will be made, including any tax considerations
8. Conditions and Limitations: Sets out any conditions that might affect incentive payments, including maximum caps and minimum thresholds
9. Term and Termination: Specifies the duration of the agreement and circumstances under which it may be terminated
10. Confidentiality: Establishes the confidential nature of the agreement and related information
11. General Provisions: Standard clauses including governing law, amendment procedures, and severability
1. Stock Options: Required when the incentive program includes equity-based compensation or stock options
2. Profit Sharing: Needed when the incentive includes a share of company profits
3. Clawback Provisions: Used when the company wants to reserve the right to recoup incentive payments under certain circumstances
4. Non-Competition: Include when the incentive program warrants additional restrictive covenants
5. International Assignments: Required when the employee may work across multiple jurisdictions
6. Change of Control: Include when specific provisions are needed for company ownership changes
7. Retirement Provisions: Needed when addressing how incentives are handled upon retirement
1. Schedule A - Performance Metrics Calculation: Detailed methodology for calculating performance metrics and corresponding incentive amounts
2. Schedule B - Incentive Payment Schedule: Timeline and frequency of incentive payments
3. Schedule C - Target Achievement Criteria: Specific benchmarks and targets for different incentive levels
4. Appendix 1 - Performance Review Form: Standard form for documenting performance evaluations
5. Appendix 2 - Incentive Calculation Examples: Sample calculations showing how different performance levels affect incentive payments
6. Appendix 3 - Declaration Forms: Required forms for claiming or accepting incentive payments
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