**EXHIBIT 10.53**

 

**EMPLOYMENT AGREEMENT**

THIS AGREEMENT(“Agreement”) is made as of the 28th day of February 2003, by andbetween 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 forother good and valuable consideration, the receipt, adequacy and sufficiency ofwhich are hereby acknowledged, the parties agree as follows:

 

1.             Employment.  Employer shall continue to employ Employeeon the terms and conditions contained herein. Employee shall at all times devote his full time and best effortsexclusively to the performance of his duties on behalf of Employer and shall atno time maintain any other employment or perform any service for any otherperson or entity, whether or not for compensation, without the express writtenauthorization of Employer.

 

2.             Term.  The term of this Agreement shall continueunless and until terminated as provided in paragraph 5 hereof.

 

3.             Title/Duties.  Employee’s title shall be that of ChiefFinancial Officer (“CFO”).  AsEmployer’s CFO, he shall report to the President.

 

4.             Compensation.  As total compensation for all servicesperformed by Employee under this Agreement, Employer shall pay and provide toEmployee:

 

----

 

 

(i)                                     Anannual salary of One Hundred Thirty Three Thousand Dollars ($133,000.00) paidin equal bimonthly payments, or such other amount as Employer and Employee maymutually agree in writing from time to time.

 

(ii)                                  Compensationalso includes five (5) weeks paid vacation per year.

 

(iii)                               Suchfringe benefits as Employer provides from time to time to other seniorexecutive employees of Employer.

 

5.             Termination.  This Agreement shall be terminable by eitherparty, at any time, with or without Cause. In the event Employee terminates this Agreement for any reason, or inthe event Employer terminates this Agreement at any time for Cause, or afterthe third anniversary of this Agreement without Cause, Employer shall have noobligation to Employee beyond the payment of Employee’s base salary and fringebenefits through the effective date of termination.  In the event Employer elects to terminate this Agreement withoutCause prior to the third anniversary of same, Employer shall be obligated tocontinue to pay Employee amounts equal to his regular salary for a period ofsix (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 essentialfunctions of his position for any period(s) exceeding twelve (12) weeks in anyone (1) year period; the commission by Employee of any fraud, embezzlement orother act of moral turpitude affecting Employer.  Employee’s right to receive said continuing payments shall beconditioned on Employee executing a full release of liability satisfactory toEmployer.

 

6.             Confidential Information.  Employee understands and agrees that he hasreceived and will continue to receive in the course of his employment byEmployer certain trade secret and other confidential information relating toEmployer’s business.  Employee agreesfor all time, both during and after his employment by Employee, to

 

2

----

 

maintain as strictlyconfidential and not to use, communicate or otherwise disclose to any otherentity any of said information.

 

7.             No Solicitation of Employees.  Employee further agrees and covenants thathe will not, either during or after his Term of Employment by Employer,directly or indirectly, approach, solicit, entice, induce or facilitate anyperson who is or becomes an employee of or a consultant to Employer, to becomeemployed by or otherwise perform services for any other entity, or to otherwisechange his/her relationship with Employer. Employer’s rights under this provision shall be assignable by Employer.

 

8.             Entire Agreement.  This Agreement is the entire agreementbetween the parties and shall be subject to change only in writing signed byboth parties.  Any dispute involvingthis Agreement or any other aspect of Employee’s employment by Employer,including but not limited to any termination thereof, shall be exclusivelysubject to arbitration before the American Arbitration Association.  Any decision of the American ArbitrationAssociation shall be final, binding and enforceable in a court of law.

 

IN WITNESSWHEREOF, the parties have executed this Agreement on the date first abovestated.

 
| 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 |   |                                     |                     |   |   |
|                  |   |                                     |                     |   |   |
|                       |        |                                          |                          |  |  |  |  |  |

 

3

----