Jamba Juice 2015 Annual Report Download - page 95

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(iv) Other Performance Awards. Except as set forth above, the treatment of stock-based compensation upon the consummation of a
Change in Control shall be determined in accordance with the terms of the plans or agreements providing for such awards. In addition, any award of Options,
Restricted Stock, or Restricted Stock Units, the value or vesting of which is determined based on attainment of performance metrics, such awards shall be
governed by the terms of the award and not Section 5 of the Plan. Performance based awards are not affected by the accelerated vesting in clauses (i) or (ii) of
Section 3(a)(1) above. Executive will be eligible to receive the 2015 Target Bonus if earned without any deduction based on Executive’s Separation.
(2) Retention Bonus
(i) So long as Executive stay continues her employment with Company and executes her duties through the April 30, 2016 and executes a
release of all claims as of Executive’s Separation Date, Executive will be eligible to receive a Retention Bonus in an amount of $25,000.
(ii) In the event the Company ends Executive’s employment prior to the Separation Date for any reason other than Cause, it will
nevertheless pay Executive 100% of the Retention Bonus that would have been payable to Executive under this Agreement had the Company not ended
your employment prior to the Separation Date.
(iii) The Company will pay the Retention Bonus Payment promptly following the Separation Date The Retention Bonus shall be subject to
all withholdings required by law.
(3) Health Insurance
(i) To the extent provided by the federal COBRA law or, if applicable, state insurance laws, and by the Company’s current group health
insurance policies, Executive will be eligible to continue her group health insurance benefits at her own expense. For a period of twelve (12) months, the
Company will continue to pay the employer portion of Executive group health insurance premiums and Executive will only be responsible for the employee
portion of that monthly premium, provided Executive do not become eligible for health coverage from another employer during this period. After twelve (12)
months, Executive will be responsible for paying the entire premium to maintain coverage. Later, Executive may be able to convert to an individual policy
through the provider of the Company’s health insurance, if Executive wishes. Executive will be provided with a separate notice of your COBRA rights..
(4) No Duty to Mitigate. Notwithstanding Section 16.2 of the Plan, Executive has no obligation to mitigate and any amounts payable under
the Plan and/or this Agreement will not be reduced by any amounts earned by Executive from other employment or business activities during the
Severance Benefit Period.
4. Other Compensation or Benefits. Executive acknowledges that, except as expressly provided in Paragraph 3 of this Agreement, Executive
will not receive any additional compensation, severance or benefits after the Separation Date.
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