Burger King 2009 Annual Report Download - page 129

(b) Benefit Allowance. With respect to each year during the Employment Period, in addition to the benefits provided under Section 8(a), Executive will
be entitled to receive a perquisite allowance in an amount equal to $50,000 (the “Benefits Allowance”), which the Company shall pay to Executive in equal
installments, in accordance with the Company’s regular payroll policies, during such fiscal year, subject to Executive’s continued employment with the
Company.
9. Expenses; Etc.
(a) Business Travel, Lodging, etc. Subject to Section 21(k)(iii) herein, during the Employment Period, the Company will reimburse Executive for
reasonable travel, lodging, meal and other reasonable expenses incurred by him in connection with the performance of his duties and responsibilities
hereunder upon submission of evidence, satisfactory to the Company, of the incurrence and purpose of each such expense, provided that such expenses are
permitted under and otherwise in accordance with the terms and conditions of the Company’s business expense reimbursement policy applicable to its
senior executives, as in effect from time to time. Subject to Section 21(k)(iii) herein, during the Employment Period, Executive will be provided the
opportunity to utilize a private charter jet for business travel (and up to $100,000 per fiscal year of private charter jet travel may be for personal use, which
allowance will be calculated using the per hour charge being charged to the Company by the private charter service plus any applicable fuel surcharge), and
Executive shall have the right, at his discretion, to fly first class on all other business−related flights. Executive shall also be provided the opportunity to
utilize a private car service for personal use.
(b) Vacation. During the Employment Period, Executive shall be entitled to paid vacation and sick leave benefits equal to the maximum available to any
senior executive of the Company, determined without regard to the period of service that might otherwise be necessary to entitle Executive to such vacation
or sick leave under company Policy. Executive is currently entitled to five (5) weeks of vacation without carry−over accumulation.
10. Termination of Employment.
(a) Termination Due to Death or Disability. Executive’s employment shall automatically terminate upon his death and may be terminated by the
Company due to Executive’s Disability (as defined below). In the event that Executive’s employment is terminated due to his Disability or death, no
termination benefits shall be payable to or in respect of Executive except as provided in Section 10(f)(i). For purposes of this Agreement, “Disability”
means a physical or mental disability that prevents or would prevent the performance by Executive of his duties hereunder for a continuous period of six
months or longer. The determination of Executive’s Disability will (i) be made by an independent physician identified by the Company’s disability
insurance provider, (ii) be final and binding on the parties hereto and (iii) be based on such competent medical evidence as shall be presented to such
independent physician by Executive and/or the Company or by any physician or group of physicians or other competent medical experts employed by
Executive and/or the Company to advise such independent physician. 5