CompUSA 2011 Annual Report Download - page 68

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(i) The Company shall pay the Employee within ten (10) business days of the Date of Termination the applicable
portion of his Base Salary due through the applicable Date of Termination at the rate in effect at the time Notice of Termination is given;
(ii) The Company shall pay the Employee, as severance pay and as express consideration, for, and contingent upon,
Employee complying with his obligations under Section 6 hereof, his Base Salary in effect at the time Notice of Termination is given for a period of
twelve (12) months (the “Severance Period”) following the applicable Date of Termination;
(iii) The Company shall pay you, as severance pay and as express consideration for, and contingent upon, Employee
complying with his obligations under Section 6 hereof, the average annual Bonus earned by you during the two years prior to the year of the
termination of your employment; provided, that, if your employment is terminated within two years of the Commencement Date, the Company shall
pay you an amount equal to the annual target amount of the annual Bonus; such amount to be paid in substantially equal installments at the time of
payment of the Base Salary being paid to you pursuant to the Company’s normal payroll practices for its senior executives;
(iv) During the Severance Period the Company shall reimburse the Employee for any COBRA payments the Employee
may be required to make in order to maintain the medical and dental benefits he received as an employee of the Company until the earlier of the end of
the Severance Period or the date you become eligible to receive coverage under the medical and dental benefit plans or programs of a subsequent
employer.
Other than such payments and subject to the conditions thereto provided above, the Company shall have no further obligation
to the Employee under this Agreement provided, however, that the foregoing shall have no effect upon any benefits due the Employee under any
disability or medical plan or other employee benefit plan or arrangement of the Company then in effect and provided further that any stock option or
restricted stock held by the Employee shall be treated in accordance with the applicable stock option agreement or restricted stock agreement.
The payment of any amounts pursuant to clauses (ii), (iii) and (iv) of this Section 4(e) is further expressly conditioned upon
the delivery by you to the Company, within thirty (30) days after the Date of Termination (and the revocation period for the release lapsing without
revocation within such thirty (30) day period), of a general release in form and substance reasonably satisfactory to the Company of any and all claims
you may have against the Company and its directors, officers, employees, subsidiaries, affiliates, stockholders, successors, assigns, agents and
representatives. The payments to you subject to receipt of the release shall be made to you at the later of (A) such times as specified in the applicable
provisions of this Section 4, (B) after the end of the revocation period for the release has lapsed without revocation, and (C) if the thirtieth (30
th
)
calendar day following the Date of Termination is in a different calendar year than the date of termination, then on the thirtieth (30
th
) calendar day.
9