Attached files

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EX-31.2 - CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO EXCHANGE ACT RULE 13A-14(A) - Celera CORPdex312.htm
EX-21.1 - SUBSIDIARIES OF THE REGISTRANT - Celera CORPdex211.htm
EX-23.1 - CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM - Celera CORPdex231.htm
EX-32.2 - CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C. SECTION 1350 - Celera CORPdex322.htm
EX-32.1 - CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO 18 U.S.C. SECTION 1350 - Celera CORPdex321.htm
EX-31.1 - CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO EXCHANGE ACT RULE 13A-14(A) - Celera CORPdex311.htm
10-K - FORM 10-K - Celera CORPd10k.htm

Exhibit 10.47

 

October 22, 2010   LOGO

Michael Mercer

[Redacted]

Dear Michael:

I am pleased to offer you the position of Senior Vice President, Berkeley HeartLab, Inc., reporting directly to me. As discussed, your start date will be Friday, October 29th, 2010.

Your annual salary is $350,000.00, paid bi-weekly in the amount of $13,461.54, less applicable taxes.

You are eligible to participate in our annual bonus program, based on the achievement of both personal and corporate goals, with a target of 45% of your eligible fiscal year earnings. Decisions whether to grant bonuses at all, or to any particular employee, are made in the sole discretion of the Company.

We have recommended to the Compensation Committee of our Board of Directors that you be granted options to purchase 60,000 shares of Celera common stock under the Celera Corporation 2008 Stock Incentive Plan. The option price will be set on the effective date of the grant, which will be November 1, 2010. Typically, our options vest in four equal annual installments commencing on the first anniversary of the grant date.

We have recommended to the Compensation Committee that you be granted 20,000 time-based restricted stock units of Celera common stock under the Celera Corporation 2008 Stock Incentive Plan. Typically, our time based restricted stock units vest in four equal annual installments commencing on the first anniversary of the grant date, which will be November 1, 2010.

In the event your employment with Celera is terminated due to a change in control, your benefits will be determined in accordance with the Celera Corporation Executive Change in Control Policy.

Celera offers a deferred compensation program to those employees with an annual base salary of $125,000.00 or more. The deferred compensation program will allow you to defer portions of your base salary and annual bonus on a pre-tax basis.

All full time employees and part time employees, working more than 20 hours per week, are eligible for participation in the Celera benefits program on their date of hire. For your information, I have enclosed a Benefits Summary and Enrollment Guide.

We will arrange for you to meet with a member of our benefits staff to review your benefits package and enroll in the various programs. As an executive, you may choose to have an annual health screening done at Celera’s expense (up to $3,000), with a physician of your choice.

As an executive, you will not accrue PTO but will instead have the flexibility of taking time off at your discretion in accordance with the business needs of the corporation, approximately four weeks a year.


As a Berkeley HeartLab, Inc., a whole owned subsidiary of Celera Corporation, employee, you will be expected to abide by Celera Corporate policies and procedures. Our offer of employment is contingent upon your successful completion of a drug test, background check, reference checks, and employment eligibility as outlined in your employment application. Enclosed, please find more information about verifying your right to work in the U.S, and detailed instructions on how to complete the pre-employment drug screen.

While we hope that our relationship will be long and mutually rewarding, this offer is not to be construed as an employment contract. Should you accept this offer, your employment with Berkeley HeartLab, Inc., a whole owned subsidiary of Celera Corporation, is voluntary or “at will.” Either you or Berkeley HeartLab, Inc. can terminate the relationship at any time, for any reason, with or without cause or advance notice. The at-will nature of your employment is binding upon both you and Berkeley HeartLab, Inc. and may not be altered except in written form and signed by both you and the Chief Executive Officer of Celera expressly stating it alters the at-will employment.

If the terms of this offer are acceptable to you, please acknowledge your acceptance of this offer by signing, dating, and returning this letter and all other applicable documents to Paul Arata. This offer will be valid until 5:00 p.m., October 28, 2010.

Michael, I look forward to your joining the Celera team. I am confident you will find the important role you play in the organization to be a challenging and rewarding opportunity.

Sincerely,

/s/ Kathy Ordoñez

Chief Executive Officer

Please sign below indicating your acceptance of this offer of employment.

 

MICHAEL MERCER

     

/s/ Michael Mercer

Name (Printed)       Signature

October 28, 2010

     

October 29, 2010

Date       Start Date