Tech Data 2014 Annual Report Download - page 143

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6
9.1.
The Executive, due to the relevance and responsibilities associated to his job position, will work according to the needs and demands of
his roles and will not be subject to a specific and scheduled working time. Considering the specific nature of the positions held by the
Executive and the senior management nature of this Agreement, the Parties agree that he will not qualify for overtime.
9.2.
The Executive will be entitled to 30 working days of paid holiday per year.
9.3.
The Executive will render services, on a regular basis at the headquarters of the Company, currently based in Barcelona. The Executive
commits himself to travel anywhere, either around Spain or abroad, if it is necessary for the development of his duties. The Executive also
acknowledges that, as part of his roles and responsibilities, he will devote a substantive amount of time in other countries.
10.
TERMINATION
10.1.
The Parties shall terminate this contract by the reasons and following the procedures provided in sections 10 and 11 of Royal Decree
1382/1985. In any case of termination except for dismissal due to a serious and guilty breach of the Executive, the Parties shall observe a
six (6) months’ notice period effective as of the end of the month.
10.2.
The Company may terminate the contract, with immediate effects and without observing any previous notice, by dismissal due to a
serious and guilty breach by the Executive of his main obligations.
10.3.
The Parties agree that, in consideration to the entering into this Agreement, the Executive will be entitled to participate in the Severance
Plan in force from time to time for Executives of Tech Data Corporation as the Executive has been entitled to prior to the entering into
this Agreement (hereinafter, those will be referred to as the “US Severance Plan”).
Therefore, the Parties expressly agree that after the
entering into this Agreement, the Executive will still be entitled to the same terms and conditions applicable upon a termination of
employment as provided in the US Severance Plan as applicable from time to time, but no worse than the current US Severance Plan as
attached as Annex 1. In this connection, the Parties expressly represent that the role of the Executive as well as the senior management
nature of his employment is fully compatible with the application and observance of the terms and conditions of severance payments –
due
primarily upon a termination at will or without cause-
as provided by the US Severance Plans. For the avoidance of any doubt, the current
version of the US Severance Plans is attached as Annex 1 of this Agreement.