National Grid 2008 Annual Report Download - page 440

BOWNE INTEGRATED TYPESETTING SYSTEM
CRC: 43254
Name: NATIONAL GRID
Date: 17-JUN-2008 03:10:51.35Operator: BNY99999TPhone: [phone]Site: BOWNE OF NEW YORK
Y59930.SUB, DocName: EX-4.C.8, Doc: 9, Page: 14
Description: EXH 4(C).8
0/4850.00.00.00Y59930BNY
[E/O] EDGAR 2 *Y59930/850/4*
BOWNE INTEGRATED TYPESETTING SYSTEM
CRC: 43254
Name: NATIONAL GRID
Date: 17-JUN-2008 03:10:51.35Operator: BNY99999TPhone: [phone]Site: BOWNE OF NEW YORK
Y59930.SUB, DocName: EX-4.C.8, Doc: 9, Page: 14 Description: EXH 4(C).8
0/4850.00.00.00Y59930BNY
[E/O] EDGAR 2 *Y59930/850/4*
13
accordance with the terms of this A
g
reement. Any unused vacation accrued at the commencement of the Garden Leave
Period and any vacation accrued durin
g
any such period will be deemed to be taken by the Executive durin
g
the
Garden Leave Period.
12.5 At the end of or at any time durin
g
the Garden Leave Period, the Company may, at it sole and absolute discretion, pay
the Executive base salary alone (as defined in clause 7.1) in lieu of the balance of any period of notice
g
iven by the
Company or the Executive (less any deductions the Company is required by law to make). In any event, and in
accordance with clause 11.3, the Company’s payment in lieu of the unexpired period of notice, as well as payment of
any base salary attributable to the Garden Leave Period, will be completed within 2.5 months followin
g
the later of the
end of the calendar year or the Company fiscal year that occurs immediately following initial notice under clause 11.2.
12.6 Durin
g
the Garden Leave Period:
12.6.1 the Executive shall provide such assistance as the Company or any Group Company may reasonably require
to effect an orderly handover of his responsibilities to any individual or individuals appointed by the Company
or any Group Company to take over his role or responsibilities;
12.6.2 the Executive shall make himself reasonably available to deal with requests for information, provide
assistance, be available for meetin
g
s and to advise on matters relatin
g
to work (unless the Company has
a
g
reed the Executive ma
y
be unavailable for a
p
eriod
)
; and
12.6.3 the Company may appoint another person to carry out his duties in substitution for the Executive.
12.7 All duties of the Employment (whether express or implied), including without limitation the Executive’s duties of fidelity,
g
ood faith and exclusive service, shall continue throu
g
hout the Garden Leave Period save as expressly varied by this
clause 12.
12.8 The Executive a
g
rees that the exercise by the Company of its ri
g
hts pursuant to this clause 12 shall not entitle the
Executive to claim that he has been constructivel
y
dismissed.
13 Restrictions after Termination of Employment
13.1 In this clause: