Buffalo Wild Wings 2006 Annual Report Download - page 68

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then reduces the base compensation of its executive employees generally and shall not exceed the average percentage
reduction for all such executive employees.
(b) Other Plans. The Executive shall be entitled to participate in additional Company stock option plans or
other equity plans or programs, if any, in which executives of the Company are eligible to participate generally as may be
determined by the Board of Directors.
(c) Employee Benefit Plans. At all times during the Term, Executive shall, unless prohibited by the Code or
other applicable law, be eligible to participate in pension and welfare plans and programs of the Company for employees,
currently existing or subsequently adopted, including the following:
(i) all qualified benefit plans and programs (e.g. defined contribution, supplemental retirement and
Section 401(k) plans, long-term disability and life insurance plans and programs);
(ii) all hospitalization and medical plans and programs;
(iii) all retirement plans and programs (with the exception of the Company’ s retirement life insurance
plan); and
(iv) all deferred compensation programs.
5. Termination of Employment for Cause; Resignation; and Termination Caused by Death or Permanent
Disability.
(a) Compensation and Benefits. If Executive’ s employment is terminated by the Company for Cause, if
Executive resigns from employment hereunder, or if Executive’ s employment is terminated as a result of death or Permanent
Disability, then Executive shall not be eligible to receive any compensation or benefits, or to participate in any plans or
programs under Section 4 hereof with respect to future periods after the date of such termination or resignation except for the
right to receive benefits under any plan or program, to the extent vested, in accordance with the terms of such plan or
program and except for benefits provided in accordance with customary practices of the Company at Executive’ s expense
(e.g., hospitalization and medical insurance).
(b) Date of Termination. The date of termination of Executive’ s employment by the Company under this
Section 5 shall be effective immediately after written notice of termination, on the date of Executive’ s death, or on the date
Executive becomes Permanently Disabled. The date of resignation by Executive under this Section 5 shall be one (1) month
after receipt by the Company of written notice of resignation, unless the Company agrees to a lesser period.
6. Termination of Employment Without Cause; Resignation for Good Reason; and Failure to Extend
Employment Agreement.
(a) Compensation and Benefits. If Executive’ s employment is terminated by the Company without Cause, if
Executive resigns for Good Reason, or if the Company fails to extend this Agreement, Executive shall be entitled to receive
from the Company an amount equal to half of Executive’s Base Salary, payable during the six months following the
date of termination in accordance with the Company’ s standard payroll practices. The Company shall be entitled to deduct
or withhold all taxes and charges which the Company may be required to deduct or withhold therefrom.
(b) Date of Termination. The date of termination of Executive’ s employment by the Company under this
Section 6 shall be one (1) month after receipt by Executive of written notice of termination, written notice of resignation
based on Good Reason, or three (3) months after receipt by Executive of written notice that the Company will not extend this
Agreement.
7. Confidential Information. Executive agrees not to directly or indirectly use or disclose Confidential Information
for the benefit of anyone other than the Company, either during or after employment, for as long as the information retains
the characteristics of Confidential Information described in Section 1 above.
8. Return of Documents and Property. All documents and tangible items provided to Executive by the Company, or
possessed by or created by Executive for use in connection with Executive’ s employment, are the property of the Company
and shall be promptly returned to the Company on termination of employment together with all copies, recordings, abstracts,
notes or reproductions of any kind made from or about the documents and tangible items or the information they contain.
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