Common use of Termination and Resignation Clause in Contracts

Termination and Resignation. (a) Your employment is terminable at will. BearingPoint may terminate your employment for Cause effective immediately upon written notice (to your address on BearingPoint’s records). You will be entitled to earned and unpaid base salary and payment for any earned and unused personal days through the termination date (in the case of performance deficiencies, you also will receive an additional payment as provided below). BearingPoint also may terminate your employment other than for Cause or for no reason, effective upon written notice (to your address on BearingPoint’s records) or any later date specified in the notice. In this case, or if BearingPoint terminates your employment due to deficient performance by you, you will be entitled to all earned and unpaid base salary through the termination date. Furthermore, upon receipt by BearingPoint of your signed full and binding unilateral Severance and Release Agreement (“Release”) of all claims against BearingPoint arising from, or associated with your employment, BearingPoint will also pay you for any earned and unused personal days and an additional amount of severance pay which, when added to your personal days payment (if any), totals 3 months pay at your then current base salary. The form of Release shall be specified at such time by BearingPoint. All of the payments in this Section 6(a) are less required and authorized withholding and deductions. BearingPoint, in its sole discretion, may elect any method or manner of payment under this provision, and may also require you to perform services, as detailed in Section 1 of this Agreement, during the period of time prior to your specified termination date. (b) You may voluntarily terminate your employment with BearingPoint upon 3 months prior written notice directed to the BearingPoint People Department unless the Chief Executive Officer of BearingPoint or his designee waives this notice in writing. Without limiting any other remedies, if you breach this Section 6(b), you will pay BearingPoint or its designee 25% of the total compensation (including salary and bonus) paid or payable to you on an annualized basis by BearingPoint during the fiscal year in which your breach occurs. These payments will be made in not less than quarterly cash installments over the 24 months following your breach. (c) You agree to provide all assistance requested by BearingPoint in transitioning your duties, responsibilities and client and other BearingPoint relationships to other BearingPoint personnel, both during your employment and after your termination or resignation.

Termination and Resignation. (a) Your employment is terminable at will. BearingPoint may terminate your employment for Cause effective immediately upon written notice (to your address on BearingPoint’s 's records). You will be entitled to earned and unpaid base salary and payment for any earned and unused personal days through the termination date (in the case of performance deficiencies, you also will receive an additional payment as provided below). BearingPoint also may terminate your employment other than for Cause or for no reason, effective upon written notice (to your address on BearingPoint’s 's records) or any later date specified in the notice. In this case, or if BearingPoint terminates your employment due to deficient performance by you, you will be entitled to all earned and unpaid base salary through the termination date. Furthermore, upon receipt by BearingPoint of your signed full and binding unilateral Severance and Release Agreement (“Release”) of all claims against BearingPoint arising from, or associated with your employment, BearingPoint will also pay you for any earned and unused personal days and an additional amount of severance pay which, when added to your personal days payment (if any), totals 3 6 months pay at your then current base salary. The form of Release shall be specified at such time by BearingPoint. All of the payments in this Section 6(a) are less required and authorized withholding and deductions. BearingPoint, in its sole discretion, may elect any method or manner of payment under this provision, and may also require you to perform services, as detailed in Section 1 of this Agreement, during the period of time prior to your specified termination date. (b) You may voluntarily terminate your employment with BearingPoint upon 3 months 180 days prior written notice directed to the BearingPoint People BearingPoint's Human Resources Department unless the Chief Executive Officer of BearingPoint or his designee ("CEO") waives this notice in writing. Without limiting any other remedies, if you breach this Section 6(b), you will pay BearingPoint or its designee 2550% of the total compensation (including salary and bonus) paid or payable to you on an annualized basis by BearingPoint during the fiscal year in which your breach occurs. These payments will be made in not less than quarterly cash installments over the 24 months following your breach. (c) You agree to provide all assistance requested by BearingPoint in transitioning your duties, responsibilities and client and other BearingPoint relationships to other BearingPoint personnel, both during your employment and after your termination or resignation.

Termination and Resignation. (a) Your employment is terminable at will. BearingPoint will and may terminate your employment for Cause be terminated with or without cause and effective immediately upon written notice (to your address on BearingPoint’s records). You will be entitled Upon termination by BearingPoint and subject to earned the terms and unpaid base salary and payment for any earned and unused personal days through the termination date (in the case conditions of performance deficiencies, you also will receive an additional payment as provided below). BearingPoint also may terminate your employment other than for Cause or for no reason, effective upon written notice (to your address on BearingPoint’s records) or any later date specified in the notice. In this case, or if BearingPoint terminates your employment due to deficient performance by youAgreement, you will be entitled to all earned and unpaid base salary through the your termination date. Furthermore, If terminated without cause and upon receipt by BearingPoint of your signed full and binding unilateral Severance and Release Agreement (“Release”) of all claims against BearingPoint arising from, or associated with your employment, BearingPoint will also pay you for any earned and unused personal days and an any additional amount amounts payable to you under your Employment Letter dated as of severance pay whichDecember 31, when added to your personal days payment (if any), totals 3 months pay at your then current base salary2007. The form of Release shall be specified at such time by BearingPoint. All of the payments in this Section 6(a8(a) are less required and authorized withholding and deductionswithholding, deductions or other offsets authorized by this Agreement. BearingPoint, in its sole discretion, may elect any method or manner of payment under this provision, and may also require you to perform services, as detailed in Section 1 of this Agreement, during the period of time prior to your specified termination date. (b) You may voluntarily terminate your employment with BearingPoint upon 3 months months’ prior written notice directed to the BearingPoint People Department unless the Chief Executive Officer Chairman of the Board of Directors of BearingPoint or his designee waives this notice in writing. Without limiting any other remedies, if you breach this Section 6(b8(b), you will pay BearingPoint or its designee 25% of the total compensation (including salary and bonus) paid or payable to you on an annualized basis by BearingPoint during the fiscal year in which your breach occurs. These payments will be made in not less than quarterly cash installments over the 24 months following your breach. You will not be eligible for severance or any other payments. (c) You agree to provide all assistance requested by BearingPoint in transitioning your duties, responsibilities and client Client and other BearingPoint relationships to other BearingPoint personnel, both during your employment and after your termination or resignation. You understand and agree that all announcements or other communications regarding your termination or departure from BearingPoint and the transition of your work shall be made and handled exclusively by BearingPoint. (d) During the term of your employment and for 24 months after your termination or resignation from BearingPoint, you agree to notify BearingPoint immediately, in writing, of all offers of employment received by you from any Competitive Business to perform services or other duties similar to those which you provide or provided to BearingPoint. In providing this notice, you shall disclose the identity of the Competitive Business, the location of the prospective job opportunity and your proposed duties and responsibilities. You also agree to provide such notice and consult in good faith with BearingPoint before accepting, directly or indirectly through an agent or representative, any such offer to ensure compliance with the covenants contained in Sections 3, 4 and 5 and Exhibit C of this Agreement. You also agree to provide any prospective employer with timely written notice that you are under a written employment agreement with BearingPoint which contains post-employment restrictive covenants restricting competitive activities.

Termination and Resignation. (a) Your employment is terminable at will. BearingPoint may terminate your employment for Cause effective immediately upon written notice (to your address on BearingPoint’s records). You will be entitled to earned and unpaid base salary and payment for any earned and unused personal days through the termination date (in the case of performance deficiencies, you yon also will receive an additional payment as provided below). BearingPoint also may terminate your employment other than for Cause or for no reason, effective upon written notice (to your address on BearingPoint’s records) or any later date specified in the notice. In this case, or if BearingPoint terminates your employment due to deficient performance by you, you will be entitled to all earned and unpaid base salary through the termination date. Furthermore, upon receipt by BearingPoint of your signed full and binding unilateral Severance and Release Agreement (“Release”) of all claims against BearingPoint arising from, or associated with your employment, BearingPoint will also pay you for any earned and unused personal days and an additional amount of severance pay whichWhich, when added to your personal days payment (if any), totals 3 months pay at your then current base salary. The form of Release shall be specified at such time by BearingPoint. All of the payments in this Section 6(a) are less required and authorized withholding and deductions. BearingPoint, in its sole discretion, may elect any method or manner of payment under this provision, and may also require you to perform services, as detailed in Section 1 of this Agreement, during the period of time prior to your specified termination date. In the event you qualify for payment under any of the provisions of the employment letter entered into by you and BearingPoint on March 17, 2005 (the “Employment Letter”) as a result of your termination or resignation of employment, you shall not be eligible to receive any payment under the provisions of this Managing Director Agreement. (b) You may voluntarily terminate your employment with BearingPoint upon 3 months prior written notice directed to the BearingPoint People Department unless the Chief Executive Officer of BearingPoint or his designee waives this notice in writingBearingPoint’s Human Resources Department. Without limiting any other remedies, if you breach this Section 6(b), you will pay BearingPoint or its designee 25% of the total compensation (including salary and bonus) paid or payable to you on an annualized basis by BearingPoint during the fiscal year in which your breach occurs. These payments will be made in not less than quarterly cash installments over the 24 months following your breach. (c) You agree to provide all assistance requested by BearingPoint in transitioning your duties, responsibilities and client and other BearingPoint relationships to other BearingPoint personnel, both during your employment and after your termination or resignation.

Termination and Resignation. (a) Your employment is terminable at will. BearingPoint may terminate your employment for Cause effective immediately upon written notice (to your address on BearingPoint’s records). You will be entitled to earned and unpaid base salary and payment for any earned and unused personal days through the termination date (in the case of performance deficiencies, you also will receive an additional payment as provided below). BearingPoint also may terminate your employment other than for Cause or for no reason, effective upon written notice (to your address on BearingPoint’s records) or any later date specified in the notice. In this case, or if BearingPoint terminates your employment due to deficient performance by you, you will be entitled to all earned and unpaid base salary through the termination date. Furthermore, upon receipt by BearingPoint of your signed full and binding unilateral Severance and Release Agreement (“Release”) of all claims against BearingPoint arising from, or associated with your employment, BearingPoint will also pay you for any earned and unused personal days and an additional amount of severance pay which, when added to your personal days payment (if any), totals 3 months pay at your then current base salary. The form of Release shall be specified at such time by BearingPoint. All of the payments in this Section 6(a) are less required and authorized withholding and deductions. BearingPoint, in its sole discretion, may elect any method or manner of payment under this provision, and may also require you to perform services, as detailed in Section 1 of this Agreement, during the period of time prior to your specified termination date. In the event you qualify for payment under any of the provisions of the employment letter entered into by you and BearingPoint on March 17, 2005 (the “Employment Letter”) as a result of your termination or resignation of employment, you shall not be eligible to receive any payment under the provisions of this Managing Director Agreement. (b) You may voluntarily terminate your employment with BearingPoint upon 3 months prior written notice directed to the BearingPoint People Department unless the Chief Executive Officer of BearingPoint or his designee waives this notice in writingBearingPoint’s Human Resources Department. Without limiting any other remedies, if you breach this Section 6(b), you will pay BearingPoint or its designee 25% of the total compensation (including salary and bonus) paid or payable to you on an annualized basis by BearingPoint during the fiscal year in which your breach occurs. These payments will be made in not less than quarterly cash installments over the 24 months following your breach. (c) You agree to provide all assistance requested by BearingPoint in transitioning your duties, responsibilities and client and other BearingPoint relationships to other BearingPoint personnel, both during your employment and after your termination or resignation.

Termination and Resignation. (a) Your employment is terminable at will. BearingPoint may terminate your employment for Cause effective immediately upon written notice (to your address on BearingPoint’s records). You will be entitled to earned and unpaid base salary and payment for any earned and unused Managing Director Agreement personal days through the termination date (in the case of performance deficiencies, you also will receive an additional payment as provided below). BearingPoint also may terminate your employment other than for Cause or for no reason, effective upon written notice (to your address on BearingPoint’s records) or any later date specified in the notice. In this case, or if BearingPoint terminates your employment due to deficient performance by you, you will be entitled to all earned and unpaid base salary through the termination date. Furthermore, upon receipt by BearingPoint of your signed full and binding unilateral Severance and Release Agreement (“Release”) of all claims against BearingPoint arising from, or associated with your employment, BearingPoint will also pay you for any earned and unused personal days and an additional amount of severance pay which, when added to your personal days payment (if any), totals 3 months pay at your then current base salary. The form of Release shall be specified at such time by BearingPoint. All of the payments in this Section 6(a) are less required and authorized withholding and deductions. BearingPoint, in its sole discretion, may elect any method or manner of payment under this provision, and may also require you to perform services, as detailed in Section 1 of this Agreement, during the period of time prior to your specified termination date. (b) You may voluntarily terminate your employment with BearingPoint upon 3 months prior written notice directed to the BearingPoint People Department unless the Chief Executive Officer of BearingPoint or his designee waives this notice in writing. Without limiting any other remedies, if you breach this Section 6(b), you will pay BearingPoint or its designee 25% of the total compensation (including salary and bonus) paid or payable to you on an annualized basis by BearingPoint during the fiscal year in which your breach occurs. These payments will be made in not less than quarterly cash installments over the 24 months following your breach. (c) You agree to provide all assistance requested by BearingPoint in transitioning your duties, responsibilities and client and other BearingPoint relationships to other BearingPoint personnel, both during your employment and after your termination or resignation.

Termination and Resignation. (a) Your employment is terminable at will. BearingPoint will and may terminate your employment for Cause be terminated with or without cause and effective immediately upon written notice (to your address on BearingPoint’s records). You will be entitled Upon termination by BearingPoint and subject to earned the terms and unpaid base salary and payment for any earned and unused personal days through the termination date (in the case conditions of performance deficiencies, you also will receive an additional payment as provided below). BearingPoint also may terminate your employment other than for Cause or for no reason, effective upon written notice (to your address on BearingPoint’s records) or any later date specified in the notice. In this case, or if BearingPoint terminates your employment due to deficient performance by youAgreement, you will be entitled to all earned and unpaid base salary through the your termination date. Furthermore, If terminated without cause and upon receipt by BearingPoint of your signed full and binding unilateral Severance and Release Agreement (“Release”) of all claims against BearingPoint arising from, or associated with your employment, BearingPoint will also pay you for any earned and unused personal days and an additional amount of severance pay which, when added to your personal days payment (if any), totals 3 months pay at your then current base salary. The form of Release shall be specified at such time by BearingPoint. All of the payments in this Section 6(a8(a) are less required and authorized withholding and deductionswithholding, deductions or other offsets authorized by this Agreement. BearingPoint, in its sole discretion, may elect any method or manner of payment under this provision, and may also require you to perform services, as detailed in Section 1 of this Agreement, during the period of time prior to your specified termination date. (b) You may voluntarily terminate your employment with BearingPoint upon 3 months prior written notice directed to the BearingPoint People Department unless the Chief Executive Officer of BearingPoint or his designee waives this notice in writing. Without limiting any other remedies, if you breach this Section 6(b8(b), you will pay BearingPoint or its designee 25% of the total compensation (including salary and bonus) paid or payable to you on an annualized basis by BearingPoint during the fiscal year in which your breach occurs. These payments will be made in not less than quarterly cash installments over the 24 months following your breach. You will not be eligible for severance or any other payments. (c) You agree to provide all assistance requested by BearingPoint in transitioning your duties, responsibilities and client Client and other BearingPoint relationships to other BearingPoint personnel, both during your employment and after your termination or resignation. You understand and agree that all announcements Managing Director Agreement or other communications regarding your termination or departure from BearingPoint and the transition of your work shall be made and handled exclusively by BearingPoint. (d) During the term of your employment and for 18 months after your termination or resignation from BearingPoint, you agree to notify BearingPoint immediately, in writing, of all offers of employment received by you from any Competitive Business to perform services or other duties similar to those which you provide or provided to BearingPoint. In providing this notice, you shall disclose the identity of the Competitive Business, the location of the prospective job opportunity and your proposed duties and responsibilities. You also agree to provide such notice and consult in good faith with BearingPoint before accepting, directly or indirectly through an agent or representative, any such offer to ensure compliance with the covenants contained in Sections 3, 4 and 5 and Exhibit C of this Agreement. You also agree to provide any prospective employer with timely written notice that you are under a written employment agreement with BearingPoint which contains post-employment restrictive covenants restricting competitive activities.

Termination and Resignation. (a) Your employment is terminable at will. BearingPoint may terminate your employment for Cause effective immediately upon written notice (to your address on BearingPoint’s records). You will be entitled to earned and unpaid base salary and payment for any earned and unused personal days through the termination date (in the case of performance deficiencies, you also will receive an additional payment as provided below). BearingPoint also may terminate your employment other than for Cause or for no reason, effective upon written notice (to your address on BearingPoint’s records) or any later date specified in the notice. In this case, or if BearingPoint terminates your employment due to deficient performance by you, you will be entitled to all earned and unpaid base salary through the termination date. Furthermore, upon receipt by BearingPoint of your signed full and binding unilateral Severance and Release Agreement (“Release”) of all claims against BearingPoint arising from, or associated with your employment, BearingPoint will also pay you for any earned and unused personal days and an additional amount of severance pay which, when added to your personal days payment (if any), totals 3 months pay at your then current base salary. The form of Release shall be specified at such time by BearingPoint. All of the payments in this Section 6(a) are less required and authorized withholding and deductions. BearingPoint, in its sole discretion, may elect any method or manner of payment under this provision, and may also require you to perform services, as detailed in Section 1 of this Agreement, during the period of time prior to your specified termination date. In the event you qualify for payment under any of the provisions of the employment letter entered into by you and BearingPoint on February 24, 2006 (the “Employment Letter”) as a result of your termination or resignation of employment, you shall not be eligible to receive any payment under the provisions of this Managing Director Agreement. (b) You may voluntarily terminate your employment with BearingPoint upon 3 months prior written notice directed to the BearingPoint People Department unless the Chief Executive Officer of BearingPoint or his designee waives this notice in writingBearingPoint’s Human Resources Department. Without limiting any other remedies, if you breach this Section 6(b), you will pay BearingPoint or its designee 25% of the total compensation (including salary and bonus) paid or payable to you on an annualized basis by BearingPoint during the fiscal year in which your breach occurs. These payments will be made in not less than quarterly cash installments over the 24 months following your breach. (c) You agree to provide all assistance requested by BearingPoint in transitioning your duties, responsibilities and client and other BearingPoint relationships to other BearingPoint personnel, both during your employment and after your termination or resignation.

Termination and Resignation. (a) a. Your employment is terminable at will. BearingPoint will and may terminate your employment for Cause be terminated with or without cause and effective immediately upon written notice (to your address on BearingPoint’s records). You will be entitled . (i) Upon termination by BearingPoint and subject to earned the terms and unpaid base salary and payment for any earned and unused personal days through the termination date (in the case conditions of performance deficiencies, you also will receive an additional payment as provided below). BearingPoint also may terminate your employment other than for Cause or for no reason, effective upon written notice (to your address on BearingPoint’s records) or any later date specified in the notice. In this case, or if BearingPoint terminates your employment due to deficient performance by youAgreement, you will be entitled to to: (1) all earned and unpaid base salary through the your termination date. Furthermore, upon receipt by BearingPoint of your signed full and binding unilateral Severance and Release Agreement (“Release”2) of all claims against BearingPoint arising from, or associated with your employment, BearingPoint will also pay you for any earned and unused personal days and (“Personal Days Payment”). (ii) If you are terminated without cause, BearingPoint will pay you an additional amount of severance pay which(“Severance Pay”) in an amount equal to the difference, when added to your personal days payment (if any), totals 3 months between (1) three months’ pay at your then then-current base salarysalary and (2) your earned and unused Personal Days Payment; provided, however, that the payment of such Severance Pay is contingent upon your timely execution and delivery to BearingPoint of a Separation and Release Agreement (a “Release”). The form of Release shall be specified at on the form designated for such purpose by BearingPoint and shall constitute your binding unilateral release of all claims that you may have against BearingPoint, any of its officers, employees, subsidiaries or the officers and employees of a subsidiary arising from or associated with your employment. In order to be effective, the Release must be signed by you and returned to BearingPoint no earlier than the date of the termination of your employment with BearingPoint and no later than the thirtieth day following such termination of employment. At any time during the seven-day period following the date on which BearingPoint receives your Release (the “Revocation Period”), you may revoke the Release by delivering a written notice of revocation to BearingPoint. If you do not revoke your Release during the Revocation Period, the Release will become irrevocable upon the expiration of the Revocation Period. (iii) Your Severance Payment will be made within a period of months equal to the total number of months’ pay to which you are entitled as Severance Pay, but, in any event, no later than March 15 of the year following your termination of employment. (iv) All of the payments in this Section 6(a8(a) are less shall be reduced by any required and authorized withholding and deductions. BearingPointwithholding, in its sole discretion, may elect any method deductions or manner of payment under this provision, and may also require you to perform services, as detailed in Section 1 of other offsets authorized by this Agreement, during the period of time prior to your specified termination date. (b) b. You may voluntarily terminate your employment with BearingPoint upon 3 months months’ prior written notice directed to the BearingPoint People Department unless Department. You hereby agree that this notice is required in order to permit an orderly and responsible transition of your duties and responsibilities. You will not be eligible for severance compensation, pay in lieu of written notice, or any other compensation in the event of a voluntary termination of employment. Unless the notice period is accelerated by BearingPoint or waived, in part or in whole, in writing by the Chief Executive Officer of BearingPoint (“CEO”), or his designee waives this or her designee, your resignation shall be effective at the end of the 3-month notice period. If BearingPoint elects to accelerate the effective date of your resignation, you shall not be entitled to any severance compensation or pay in writinglieu of written notice compensation. Without limiting any other remedies, if you breach this Section 6(b8(b), you will pay BearingPoint or its designee 25% of the total compensation (including salary and bonus) paid or payable to you on an annualized basis by BearingPoint during the fiscal year in which your breach occurs. These payments will be made in not less than quarterly cash installments over the 24 months following your breach. You will not be eligible for severance or any other payments. (c) c. You agree to provide all assistance requested by BearingPoint in transitioning your duties, responsibilities and client Client and other BearingPoint relationships to other BearingPoint personnel, both during your employment and after your termination or resignation. You understand and agree that all announcements or other communications regarding your termination or departure from BearingPoint and the transition of your work shall be made and handled exclusively by BearingPoint. d. During the term of your employment and for 18 months after your termination or resignation from BearingPoint, you agree to notify BearingPoint immediately, in writing, of all offers of employment received by you from any Competitive Business to perform services or other duties similar to those which you provide or provided to BearingPoint. In providing this notice, you shall disclose the identity of the Competitive Business, the location of the prospective job opportunity and your proposed duties and responsibilities. You also agree to provide such notice and consult in good faith with BearingPoint before accepting, directly or indirectly through an agent or representative, any such offer to ensure compliance with the covenants contained in Sections 3, 4 and 5 and Exhibit C of this Agreement. You also agree to provide any prospective employer with timely written notice that you are under a written employment agreement with BearingPoint which contains post-employment restrictive covenants restricting competitive activities.