National Grid 2008 Annual Report Download - page 473

BOWNE INTEGRATED TYPESETTING SYSTEM
CRC: 58297
Name: NATIONAL GRID
Date: 17-JUN-2008 03:10:51.35Operator: BNY99999TPhone: [phone]Site: BOWNE OF NEW YORK
Y59930.SUB, DocName: EX-4.C.9, Doc: 10, Page: 13
Description: EXH 4(C).9
0/3882.00.00.00Y59930BNY
[E/O] EDGAR 2 *Y59930/882/3*
BOWNE INTEGRATED TYPESETTING SYSTEM
CRC: 58297
Name: NATIONAL GRID
Date: 17-JUN-2008 03:10:51.35Operator: BNY99999TPhone: [phone]Site: BOWNE OF NEW YORK
Y59930.SUB, DocName: EX-4.C.9, Doc: 10, Page: 13 Description: EXH 4(C).9
0/3882.00.00.00Y59930BNY
[E/O] EDGAR 2 *Y59930/882/3*
- 12 -
required by law to make). In any event, and in accordance with clause 11.4, the Company’s payment in lieu of the
unexpired period of notice will be completed within 2.5 months followin
g
the later of the end of the calendar year or the
Com
p
an
y
fiscal
y
ear that occurs immediatel
y
followin
g
initial notice under clause 11.2.
12.6 During the Garden Leave Period:
12.6.1 the Executive shall provide such assistance as the Company or any Group Company may require to effect an
orderly handover of his responsibilities to any individual or individuals appointed by the Company or any Group
Com
p
an
y
to take over his role or res
p
onsibilities;
12.6.2 the Executive shall make himself 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 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:
“Prohibited Area” means the United States and any other country in the world in which the Company or any Group
Com
p
an
y
has material business interests in the
p
eriod of 12 months endin
g
on the Relevant Date;
“Relevant Date” means the Termination Date or, if earlier, the date on which the Executive commences any Garden
Leave Period;
“Restricted Period” means the period of 12 months (less any Garden Leave Period) commencin
g
on the Termination
Date;
“Significant Customer” means any party with respect to whom the Company or any Group Company derives, or expects
to derive, revenue