EXHIBIT 10.53




 




EMPLOYMENT AGREEMENT









THIS AGREEMENT

(“Agreement”) is made as of the 28th day of February 2003, by and

between Big Buck Brewery and Steakhouse, Inc. (“Employer”) and Anthony P.

Dombrowski (“Employee”).




 




WHEREAS,

Employee has for a period of time been employed by Employer, and




 




WHEREAS,

Employer and Employee wish to reduce to writing the terms of said employment,




 




NOW,

THEREFORE, in return for the mutual consideration described herein and for

other good and valuable consideration, the receipt, adequacy and sufficiency of

which are hereby acknowledged, the parties agree as follows:




 




1.             Employment.  Employer shall continue to employ Employee

on the terms and conditions contained herein. 

Employee shall at all times devote his full time and best efforts

exclusively to the performance of his duties on behalf of Employer and shall at

no time maintain any other employment or perform any service for any other

person or entity, whether or not for compensation, without the express written

authorization of Employer.




 




2.             Term.  The term of this Agreement shall continue

unless and until terminated as provided in paragraph 5 hereof.




 




3.             Title/Duties.  Employee’s title shall be that of Chief

Financial Officer (“CFO”).  As

Employer’s CFO, he shall report to the President.




 




4.             Compensation.  As total compensation for all services

performed by Employee under this Agreement, Employer shall pay and provide to

Employee:




 





























 




 




(i)                                     An

annual salary of One Hundred Thirty Three Thousand Dollars ($133,000.00) paid

in equal bimonthly payments, or such other amount as Employer and Employee may

mutually agree in writing from time to time.




 




(ii)                                  Compensation

also includes five (5) weeks paid vacation per year.




 




(iii)                               Such

fringe benefits as Employer provides from time to time to other senior

executive employees of Employer.




 




5.             Termination.  This Agreement shall be terminable by either

party, at any time, with or without Cause. 

In the event Employee terminates this Agreement for any reason, or in

the event Employer terminates this Agreement at any time for Cause, or after

the third anniversary of this Agreement without Cause, Employer shall have no

obligation to Employee beyond the payment of Employee’s base salary and fringe

benefits through the effective date of termination.  In the event Employer elects to terminate this Agreement without

Cause prior to the third anniversary of same, Employer shall be obligated to

continue to pay Employee amounts equal to his regular salary for a period of

six (6) months after the effective date of said termination.  For purposes of this Agreement, “Cause”

shall mean Employee’s death; Employee’s inability to perform the essential

functions of his position for any period(s) exceeding twelve (12) weeks in any

one (1) year period; the commission by Employee of any fraud, embezzlement or

other act of moral turpitude affecting Employer.  Employee’s right to receive said continuing payments shall be

conditioned on Employee executing a full release of liability satisfactory to

Employer.




 




6.             Confidential Information.  Employee understands and agrees that he has

received and will continue to receive in the course of his employment by

Employer certain trade secret and other confidential information relating to

Employer’s business.  Employee agrees

for all time, both during and after his employment by Employee, to




 




2





























 




maintain as strictly

confidential and not to use, communicate or otherwise disclose to any other

entity any of said information.




 




7.             No Solicitation of Employees.  Employee further agrees and covenants that

he will not, either during or after his Term of Employment by Employer,

directly or indirectly, approach, solicit, entice, induce or facilitate any

person who is or becomes an employee of or a consultant to Employer, to become

employed by or otherwise perform services for any other entity, or to otherwise

change his/her relationship with Employer. 

Employer’s rights under this provision shall be assignable by Employer.




 




8.             Entire Agreement.  This Agreement is the entire agreement

between the parties and shall be subject to change only in writing signed by

both parties.  Any dispute involving

this Agreement or any other aspect of Employee’s employment by Employer,

including but not limited to any termination thereof, shall be exclusively

subject to arbitration before the American Arbitration Association.  Any decision of the American Arbitration

Association shall be final, binding and enforceable in a court of law.




 




IN WITNESS

WHEREOF, the parties have executed this Agreement on the date first above

stated.




 




	

  WITNESS:


  	

   


  	

  BIG BUCK

  BREWERY & STEAKHOUSE, INC.


  	

   


  
	

   


  	

   


  	

   


  
	

  /s/ Cheryl

  Klein


  	

   


  	

  By: 


  	

  /s/ William

  F. Rolinski


  
	

   


  	

   


  	

   


  	

   


  	

   


  	

   


  
	

  /s/ Blanche

  R. Hyatt


  	

   


  	

   


  	

  Its: 


  	

  President


  
	

   


  	

   


  	

   


  
	

  WITNESS:


  	

   


  	

  EMPLOYEE:


  	

   


  	

   


  	

   


  
	

   


  	

   


  	

   


  	

   


  	

   


  	

   


  
	

  /s/ Cheryl

  Klein


  	

   


  	

  /s/ Anthony

  P. Dombrowski


  
	

   


  	

   


  	

  Anthony P.

  Dombrowski


  	

   


  	

   


  	

   


  
	

   


  	

   


  	

   


  	

   


  	

   


  	

   


  
	

  /s/ Blanche

  R. Hyatt


  	

   


  	

   


  	

   


  	

   


  	

   


  
	

   


  	

   


  	

   


  	

   


  	

   


  	

   


  
									





 




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