Common use of Termination of Employment; Separation Benefits Clause in Contracts

Termination of Employment; Separation Benefits. A. Employee’s employment will terminate effective June 22, 2012 (the “Termination Date”). B. In consideration of Employee’s acceptance of this Agreement, Company shall pay to Employee twenty-four (24) weeks of pay at Employee’s regular base rate of pay (the “Separation Pay”). Such weekly payments shall be made after the Termination Date at the time of Company’s regular pay periods, commencing with the first such pay period following seven (7) days after Employee delivers the executed version of the Agreement to the Company. C. If, after the Termination Date, Employee elects to continue health and dental insurance through COBRA continuation coverage, Company agrees to pay through September 30, 2012, the portion of the premium for such insurance that Company would have paid had Employee maintained such insurance prior to the Termination Date. Employee shall be responsible for paying the remainder of the premium and Employee hereby requests that such amount be deducted by Company from the Separation Pay. D. Employee hereby agrees that Company will deduct from the Separation Pay all withholding taxes and other payroll deductions that Company is required by law to make from wage payments to employees. Employee hereby agrees that the payments and performances described in this Agreement are all that Employee shall be entitled to receive from Company except for vested qualified retirement benefits, if any, to which Employee may be entitled under Company’s ERISA plans. E. Employee agrees and acknowledges that he shall have no right or claim to any bonus payment from the Company including, but not limited to, any bonus under the Lumber Liquidators Holdings, Inc. Annual Bonus Plan for Executive Management. F. Employee acknowledges receipt of a payment of $40,000.00 in December 2011 relating to certain relocation expenses claimed by Employee. Company agrees not to seek reimbursement of such payment from Employee.

Termination of Employment; Separation Benefits. A. Employee’s Employee will be terminated from employment will terminate effective June 22, 2012 (on the “Termination Date”). B. Date due to job elimination. In consideration of Employee’s acceptance of this Agreement: (a) NII shall pay Employee $566,499.96 (which is the equivalent of 12 months of severance pay). This amount shall be paid to Employee in one lump sum, Company payable within twenty (20) business days of the Termination Date. (b) In the event that NII exercises its discretion to makes a payment under NII’s 2015 bonus plan for a period prior to and including the employee’s Termination Date, NII shall pay to Employee twenty-four the unpaid prorated bonus to which Employee would have been entitled based on NII’s actual performance and pursuant to the terms and conditions of NII’s 2015 bonus plan if and when it is paid. (24c) weeks of pay at Employee’s regular base rate of pay In the event that NII triggers a payment pursuant to the Key Employee Incentive Plan (the “Separation PayXXXX”). Such weekly payments , as provided for in the Bankruptcy Proceedings, NII shall be made after the Termination Date at the time of Company’s regular pay periods, commencing with the first such pay period following seven (7) days after to Employee delivers the executed version of the Agreement to the Company. C. If, after the Termination Date, Employee elects to continue health and dental insurance through COBRA continuation coverage, Company agrees to pay through September 30, 2012, the his portion of the premium for such insurance XXXX pursuant to the terms and conditions of the XXXX and when payments are made to other eligible employees. B. The Parties hereby agree that Company would have paid had Employee maintained such insurance if either Party determines that the transition of Employee’s responsibilities is substantially complete prior to the Termination Date. Employee shall be responsible for paying , then either Party may accelerate the remainder Termination Date with the written consent of the premium and Employee hereby requests that other Party, with such amount consent not to be deducted by Company from the Separation Payunreasonably withheld. D. C. Employee hereby agrees that Company NII will deduct from the Separation Pay above-described payments all withholding taxes and other payroll deductions that Company NII is required by law to make from wage payments to employees. Employee hereby agrees that the payments and performances described in this Agreement are all that Employee shall be entitled to receive from Company NII except for vested qualified retirement benefits, if any, to which Employee may be entitled under Company’s NII's ERISA plans. E. . Employee further acknowledges and agrees that the payment described in Section 1(A) shall be deemed to satisfy NII’s obligations pursuant to NII’s Severance Plan (as amended and acknowledges restated February 27, 2013) (the “Severance Plan”), that he shall have no right or claim such payment represents the full amount payable to any bonus payment from the Company including, but not limited to, any bonus Employee under the Lumber Liquidators Holdingsterms of the Severance Plan, Inc. Annual Bonus and that the Severance Plan for Executive Managementrequires Employee to execute this Agreement as a condition of receiving any such payments. F. Employee acknowledges receipt of a payment of $40,000.00 in December 2011 relating to certain relocation expenses claimed by Employee. Company agrees not to seek reimbursement of such payment from Employee.

Termination of Employment; Separation Benefits. A. Employee’s Employee will be terminated from employment will terminate effective June 22due to job elimination on April 1, 2012 2019 or on an earlier date in the sole discretion of NII as described below (the “Termination Date”). B. . In consideration of Employee’s acceptance of this Agreement: 1) NII shall pay Employee two times annual base salary. Using Employee’s base salary as of March 8, Company 2018, this would be $931,500. This amount is subject to increase based on the base salary in effect on the Termination Date and shall be paid to Employee in one lump sum, payable within twenty (20) business days of the Termination Date or the Effective Date (as defined below). 2) In the event that NII exercises its discretion to make a payment under NII’s cash bonus plan following the execution of this Agreement and that bonus covers a period prior to and including the Employee’s Termination Date, NII shall pay to Employee twenty-four (24the unpaid prorated bonus to which Employee would have been entitled based on NII’s actual performance and pursuant to the terms and conditions of the then applicable bonus plan if and when it is paid. 3) weeks of pay at Employee’s regular base rate of pay In the event that NII triggers a payment pursuant to the Key Employee Incentive Plan (the “Separation PayXXXX”). Such weekly payments , as provided for in NII’s bankruptcy proceedings concluded in June 2015, NII shall be made after the Termination Date at the time of Company’s regular pay periods, commencing with the first such pay period following seven (7) days after to Employee delivers the executed version of the Agreement to the Company. C. If, after the Termination Date, Employee elects to continue health and dental insurance through COBRA continuation coverage, Company agrees to pay through September 30, 2012, the his portion of the premium for such insurance XXXX pursuant to the terms and conditions of the XXXX and when payments are made to other eligible employees. B. The Parties hereby agree that Company would have paid had Employee maintained such insurance if NII determines in its sole discretion that the transition of Employee’s responsibilities is substantially complete prior to the Termination Date. , then NII may accelerate the Termination Date with at least 60 days prior written notice without any additional base salary or benefits owed to the Employee shall be responsible for paying after the remainder of the premium and Employee hereby requests that such amount be deducted by Company from the Separation Payamended Termination Date other than as provided in this Agreement. D. C. Employee hereby agrees that Company NII will deduct from the Separation Pay above-described payments all withholding taxes and other payroll deductions that Company NII is required by law to make from wage payments to employees. Employee hereby agrees that the payments and performances described in this Agreement are all that Employee shall be entitled to receive from Company NII except for vested qualified retirement benefits, if any, to which Employee may be entitled under Company’s NII's ERISA plans. E. . Employee further acknowledges and agrees that the payment described in Section 1(A) shall be deemed to satisfy NII’s obligations pursuant to NII’s Severance Plan (as amended and acknowledges restated February 27, 2013) (the “Severance Plan”), that he shall have no right or claim such payment represents the full amount payable to any bonus payment from the Company including, but not limited to, any bonus Employee under the Lumber Liquidators Holdingsterms of the Severance Plan, Inc. Annual Bonus and that the Severance Plan for Executive Managementrequires Employee to execute this Agreement as a condition of receiving any such payments. F. Employee acknowledges receipt of a payment of $40,000.00 in December 2011 relating to certain relocation expenses claimed by Employee. Company agrees not to seek reimbursement of such payment from Employee.

Termination of Employment; Separation Benefits. A. EmployeeExecutive’s employment will terminate with the Corporation has terminated effective June 22at the close of business on July 31, 2012 2008 (the “Termination Separation Date”) pursuant to Executive’s voluntary resignation. In addition, Executive hereby agrees that his resignation from the Corporation’s Board of Directors, as well as the Board of Directors of any affiliated bank on which Executive serves, shall also be effective on July 31, 2008. Notwithstanding the foregoing, Executive agrees commencing August 1, 2008 to be available during normal business hours and upon reasonable notice, taking into account Executive’s vacation and other personal plans, as needed by the Corporation to consult with the Corporation’s designated managers concerning the transition of Executive’s duties or any other matter through December 31, 2009 (the “Consulting Obligation”). The Corporation shall reimburse Executive for reasonable and customary business expenses incurred by Executive in the conduct of the Corporation’s business in accordance with the Corporation’s policy, subject to timely receipt of records and receipts for such reimbursable items. The Parties further agree that the Corporation shall not request consulting services from Executive in an amount or in a manner that would cause Executive not to have experienced a “separation from service” on the Separation Date, as such term is defined under the rules implementing Section 409A of the Internal Revenue Code. B. In consideration of EmployeeExecutive’s acceptance of this Agreement, Company and in full satisfaction of the Corporation’s obligations to Executive under the Employment Agreement, the Corporation shall provide to Executive the following: (i) Executive’s salary earned through the date of termination; (ii) an amount equal to two (2) times the sum of (A) his base salary immediately preceding such termination; and (B) the amount of the bonus, if any paid to Executive in the calendar year preceding the calendar year in which Executive’s employment terminates; (iii) any bonus or other short term incentive compensation earned, but not yet paid, for a year prior to the year in which Executive’s employment terminates; and (iv) If Executive timely elects COBRA coverage, Executive’s current benefits under group health and dental plans will continue at the rates paid by active participants and for one (1) year the Corporation will continue to pay its portion of the premiums during this period, but in no event shall such benefits continue beyond the period permitted by COBRA and periods of coverage under this Agreement shall offset Executive’s period of coverage under COBRA. C. Pursuant to Employee twentythe Employment Agreement, the following additional terms shall apply to the payments provided for under Section 1(B) above: (i) Any amount due under Section 1(B)(i) above shall be paid at the end of the payroll period that follows the payroll period in which Executive’s employment terminates. Twenty-four nine percent (2429%) weeks of pay at Employeeany amount due under Section 1(B)(ii) shall be paid on the first day of the seventh month following the date Executive’s regular base rate employment terminates and the balance shall be paid in equal monthly installments on the first day of pay the seventeen (17) succeeding months. The preceding sentence shall apply to the extent required by Section 409A of the Internal Revenue Code of 1986, as amended (the “Separation PayCode”). Such weekly payments Any amount due under Section 1(B)(iii) shall be made after paid on the Termination Date at later of (A) the time of Company’s regular pay periods, commencing with the first such pay period following seven (7) days after Employee delivers the executed version end of the payroll period that follows the payroll period in which Executive’s employment terminates, or (B) the date that bonus payments are made to other executives of the Corporation for the prior years. (ii) Notwithstanding anything in this Agreement to the Companycontrary, if Executive breaches Section 8 or 9 of the Employment Agreement, Executive will not thereafter be entitled to receive any further compensation or benefits pursuant to Section 1(B) or Section 1(D) or any further consideration payable for compliance with the Employment Agreement’s covenant not to compete pursuant to Section 9(i) of the Employment Agreement. C. If(iii) The Corporation shall not be required to make payment of, after or provide any benefit under Section 1(B) to the Termination Dateextent such payment is prohibited by the terms of the regulations presently found at 12 C.F.R. part 359 or to the extent that any other governmental approval of the payment required by law is not received. D. In addition to the foregoing, Employee elects the Corporation shall provide to continue health Executive a payment of Seventeen Thousand Eighty-Three Dollars and dental insurance through COBRA continuation Thirty-Three Cents ($17,083.33) per month, payable on the 1st day of the month, for the duration of the period of the Consulting Obligation described above. The Parties agree that Executive shall be treated as an independent contractor with respect to the Consulting Obligation. In Executive’s role as a consultant, Executive shall have no power or authority to act for, represent, or bind the Corporation in any matter. Other than as described above, Executive shall not be entitled to any medical coverage, Company agrees to pay through September 30life insurance, 2012unemployment insurance, the portion of the premium for such insurance that Company would have paid had Employee maintained such insurance prior or participation in any other benefits afforded to the Termination DateCorporation’s regular employees by virtue of fulfilling the Consulting Obligation. Employee Executive shall be responsible for paying all applicable taxes related to the remainder payments made for the Consulting Obligation, including without limitation, the payment of all federal, state and local income taxes, self-employment of FICA (social security) taxes, and unemployment and workers’ compensation insurance payments. If the Corporation is required to pay or withhold any taxes or make any other payment with respect to fees payable to Executive in relation to the Consulting Obligation, Executive shall reimburse the Corporation in full for all taxes or fees so paid, and hereby permits the Corporation to make deductions for such taxes and fees required to be withheld from any sum due Executive. E. As consideration for acceptance of the premium covenant not to compete described in Section 9(a) of the Employment Agreement, Executive shall receive a payment of Seventy-Five Thousand Dollars ($75,000) (the “Non-Competition Payment”), payable as follows: Twenty—nine percent (29%) of any amount due under the preceding sentence shall be paid on the first day of the seventh month following the date the Executive’s employment terminates and Employee hereby requests that such amount the balance shall be deducted by Company from paid in equal monthly installments on the Separation Payfirst day of the seventeen (17) succeeding months. D. F. The time in which Executive may exercise his stock options is extended to April 14, 2013. G. The Company shall continue the payment of all premiums due under the long-term care insurance policy purchased for Employee until all payments under such policy are satisfied. H. Executive hereby agrees that Company the Corporation will deduct from the Separation Pay amounts payable under Section 1(B)(i), 1(B)(ii), 1(B)(iii) and 1(E) all withholding taxes and other payroll deductions that Company the Corporation is required by law to make from wage payments to employeesExecutives. Employee Executive hereby agrees that the payments and performances described in this Agreement are all that Employee Executive shall be entitled to receive from Company the Corporation except for vested qualified retirement benefits, if any, to which Employee Executive may be entitled under Companythe Corporation’s ERISA plans. E. Employee agrees and acknowledges that he shall have no right or claim to any bonus payment from the Company including, but not limited to, any bonus under the Lumber Liquidators Holdings, Inc. Annual Bonus Plan for Executive Management. F. Employee acknowledges receipt of a payment of $40,000.00 in December 2011 relating to certain relocation expenses claimed by Employee. Company agrees not to seek reimbursement of such payment from Employee.

Termination of Employment; Separation Benefits. A. Employee’s Employee will be terminated from employment will terminate effective June 22, 2012 due to job elimination on [SEE SCHEDULE A] or on an earlier or later date in the sole discretion of NII as described below (the “Termination Date”). B. . In consideration of Employee’s acceptance of this Agreement: (a) NII shall pay Employee two times annual base salary. This amount is subject to increase based on the base salary in effect on the Termination Date and shall be paid to Employee in one lump sum, Company payable within twenty (20) business days of the Termination Date or the Effective Date, whichever is later. (b) In the event that NII exercises its discretion to makes a payment under NII’s cash bonus plan following the execution of this Agreement and that bonus covers a period prior to and including the employee’s Termination Date, NII shall pay to Employee twenty-four the unpaid prorated bonus to which Employee would have been entitled based on NII’s actual performance and pursuant to the terms and conditions of the then applicable bonus plan if and when it is paid. (24c) weeks of pay at Employee’s regular base rate of pay In the event that NII triggers a payment pursuant to the Key Employee Incentive Plan (the “Separation PayXXXX”). Such weekly payments shall be made after , as provided for in the Termination Date at the time of Company’s regular bankruptcy proceedings concluded in June 2015, NII shall pay periods, commencing with the first such pay period following seven (7) days after to Employee delivers the executed version of the Agreement to the Company. C. If, after the Termination Date, Employee elects to continue health and dental insurance through COBRA continuation coverage, Company agrees to pay through September 30, 2012, the his portion of the premium for such insurance XXXX pursuant to the terms and conditions of the XXXX and when payments are made to other eligible employees. B. The Parties hereby agree that Company would have paid had Employee maintained such insurance if NII determines in its sole discretion that the transition of Employee’s responsibilities is substantially complete prior to the Termination Date, then NII may accelerate the Termination Date with at least 30 days prior written notice without any additional base salary or benefits owed to the Employee after the amended Termination Date other than as provided in this Agreement. Employee shall be responsible for paying In addition, the remainder Parties hereby agree that if NII determines that the transition of the premium Employee’s responsibilities are not substantially complete prior to the Termination Date, then NII may extend the Termination Date with at least 30 days prior written notice. If Employee’s Termination Date is extended, Employee will continue to be paid regular salary and Employee hereby requests that such amount be deducted remain covered by Company from benefits up to and including the Separation PayTermination Date. D. C. Employee hereby agrees that Company NII will deduct from the Separation Pay above-described payments all withholding taxes and other payroll deductions that Company NII is required by law to make from wage payments to employees. Employee hereby agrees that the payments and performances described in this Agreement are all that Employee shall be entitled to receive from Company NII except for vested qualified retirement benefits, if any, to which Employee may be entitled under Company’s NII's ERISA plans. E. . Employee further acknowledges and agrees that the payment described in Section 1(A) shall be deemed to satisfy NII’s obligations pursuant to NII’s Severance Plan (as amended and acknowledges restated February 27, 2013) (the “Severance Plan”), that he shall have no right or claim such payment represents the full amount payable to any bonus payment from the Company including, but not limited to, any bonus Employee under the Lumber Liquidators Holdingsterms of the Severance Plan, Inc. Annual Bonus and that the Severance Plan for Executive Managementrequires Employee to execute this Agreement as a condition of receiving any such payments. F. Employee acknowledges receipt of a payment of $40,000.00 in December 2011 relating to certain relocation expenses claimed by Employee. Company agrees not to seek reimbursement of such payment from Employee.

Termination of Employment; Separation Benefits. A. Employee’s Employee will be terminated from employment will terminate effective June 22due to job elimination on July 1, 2012 2016 or on an earlier or later date in the sole discretion of NII as described below (the “Termination Date”). B. . In consideration of Employee’s acceptance of this Agreement: (a) NII shall pay Employee two times annual base salary. Using Employee’s base salary as of November 13, Company 2015, this would be $________. This amount is subject to increase based on the base salary in effect on the Termination Date and shall be paid to Employee in one lump sum, payable within twenty (20) business days of the Termination Date. (b) In the event that NII exercises its discretion to makes a payment under NII’s cash bonus plan following the execution of this Agreement and that bonus covers a period prior to and including the employee’s Termination Date, NII shall pay to Employee twenty-four the unpaid prorated bonus to which Employee would have been entitled based on NII’s actual performance and pursuant to the terms and conditions of the then applicable bonus plan if and when it is paid. (24c) weeks of pay at Employee’s regular base rate of pay In the event that NII triggers a payment pursuant to the Key Employee Incentive Plan (the “Separation PayXXXX”). Such weekly payments shall be made after , as provided for in the Termination Date at the time of Company’s regular bankruptcy proceedings concluded in June 2015, NII shall pay periods, commencing with the first such pay period following seven (7) days after to Employee delivers the executed version of the Agreement to the Company. C. If, after the Termination Date, Employee elects to continue health and dental insurance through COBRA continuation coverage, Company agrees to pay through September 30, 2012, the his portion of the premium for such insurance XXXX pursuant to the terms and conditions of the XXXX and when payments are made to other eligible employees. B. The Parties hereby agree that Company would have paid had Employee maintained such insurance if NII determines in its sole discretion that the transition of Employee’s responsibilities is substantially complete prior to the Termination Date, then NII may accelerate the Termination Date with at least 30 days prior written notice without any additional base salary or benefits owed to the Employee after the amended Termination Date other than as provided in this Agreement. Employee shall be responsible for paying In addition, the remainder Parties hereby agree that if NII determines that the transition of the premium Employee’s responsibilities are not substantially complete prior to the Termination Date, then NII may extend the Termination Date with at least 30 days prior written notice. If Employee’s Termination Date is extended, Employee will continue to be paid regular salary and Employee hereby requests that such amount be deducted remain covered by Company from benefits up to and including the Separation PayTermination Date. D. C. Employee hereby agrees that Company NII will deduct from the Separation Pay above-described payments all withholding taxes and other payroll deductions that Company NII is required by law to make from wage payments to employees. Employee hereby agrees that the payments and performances described in this Agreement are all that Employee shall be entitled to receive from Company NII except for vested qualified retirement benefits, if any, to which Employee may be entitled under Company’s NII's ERISA plans. E. . Employee further acknowledges and agrees that the payment described in Section 1(A) shall be deemed to satisfy NII’s obligations pursuant to NII’s Severance Plan (as amended and acknowledges restated February 27, 2013) (the “Severance Plan”), that he shall have no right or claim such payment represents the full amount payable to any bonus payment from the Company including, but not limited to, any bonus Employee under the Lumber Liquidators Holdingsterms of the Severance Plan, Inc. Annual Bonus and that the Severance Plan for Executive Managementrequires Employee to execute this Agreement as a condition of receiving any such payments. F. Employee acknowledges receipt of a payment of $40,000.00 in December 2011 relating to certain relocation expenses claimed by Employee. Company agrees not to seek reimbursement of such payment from Employee.

Termination of Employment; Separation Benefits. A. Employee’s Employee will be terminated from employment will terminate effective June 22due to job elimination on August 1, 2012 2017 as described below (the “Termination Date”). B. . In consideration of Employee’s acceptance of this Agreement: 1) NII shall pay Employee two times annual base salary. Using Employee’s base salary as of July 25, Company 2017, this would be $1,948,751.76. This amount is subject to increase based on the base salary in effect on the Termination Date and shall be paid to Employee in one lump sum, payable within twenty (20) business days of the Termination Date or the Effective Date (as defined below). 2) In the event that NII exercises its discretion to make a payment under NII’s cash bonus plan following the execution of this Agreement and that bonus covers a period prior to and including the Employee’s Termination Date, NII shall pay to Employee twenty-four (24the unpaid prorated bonus to which Employee would have been entitled based on NII’s actual performance and pursuant to the terms and conditions of the then applicable bonus plan if and when it is paid. 3) weeks of pay at Employee’s regular base rate of pay In the event that NII triggers a payment pursuant to the Key Employee Incentive Plan (the “Separation PayXXXX”). Such weekly , as provided for in NII’s bankruptcy proceedings concluded in June 2015, NII shall pay to Employee his portion of the XXXX pursuant to the terms and conditions of the XXXX and when payments are made to other eligible employees. 4) In the event that on or before July 31, 2018 a transaction is completed that meets the definition of Change of Control as defined in NII’s Change of Control Severance Plan, as amended and restated effective November 2, 2015, NII shall be made after pay to Employee an additional payment equal to 200% of Employee’s target annual bonus in effect on the Termination Date at the time and 18 months of Company’s regular pay periodsCOBRA benefits in one lump sum, commencing with the first such pay period following seven payable within twenty (720) business days after Employee delivers the executed version of the Agreement to the Companyclosing date of such transaction. C. If, after the Termination Date, Employee elects to continue health and dental insurance through COBRA continuation coverage, Company agrees to pay through September 30, 2012, the portion of the premium for such insurance that Company would have paid had Employee maintained such insurance prior to the Termination Date. Employee shall be responsible for paying the remainder of the premium and Employee hereby requests that such amount be deducted by Company from the Separation Pay. D. B. Employee hereby agrees that Company NII will deduct from the Separation Pay above-described payments all withholding taxes and other payroll deductions that Company NII is required by law to make from wage payments to employees. Employee hereby agrees that the payments and performances described in this Agreement are all that Employee shall be entitled to receive from Company NII except for vested qualified retirement benefits, if any, to which Employee may be entitled under Company’s NII's ERISA plans. E. . Employee further acknowledges and agrees that the payment described in Section 1(A) shall be deemed to satisfy NII’s obligations pursuant to NII’s Severance Plan (as amended and acknowledges restated February 27, 2013) (the “Severance Plan”), that he shall have no right or claim such payment represents the full amount payable to any bonus payment from the Company including, but not limited to, any bonus Employee under the Lumber Liquidators Holdingsterms of the Severance Plan, Inc. Annual Bonus and that the Severance Plan for Executive Managementrequires Employee to execute this Agreement as a condition of receiving any such payments. F. Employee acknowledges receipt of a payment of $40,000.00 in December 2011 relating to certain relocation expenses claimed by Employee. Company agrees not to seek reimbursement of such payment from Employee.

Termination of Employment; Separation Benefits. A. Employee’s Employee will be terminated from employment will terminate effective June 22, 2012 (on the “Termination Date”). B. Date due to job elimination. In consideration of Employee’s acceptance of this Agreement: (a) NII shall pay Employee $566,500.08 (which is the equivalent of 12 months of severance pay). This amount shall be paid to Employee in one lump sum, Company payable within twenty (20) business days of the Termination Date. (b) In the event that NII exercises its discretion to makes a payment under NII’s 2015 bonus plan for a period prior to and including the employee’s Termination Date, NII shall pay to Employee twenty-four the unpaid prorated bonus to which Employee would have been entitled based on NII’s actual performance and pursuant to the terms and conditions of NII’s 2015 bonus plan if and when it is paid. (24c) weeks of pay at Employee’s regular base rate of pay In the event that NII triggers a payment pursuant to the Key Employee Incentive Plan (the “Separation PayXXXX”). Such weekly payments , as provided for in the Bankruptcy Proceedings, NII shall be made after the Termination Date at the time of Company’s regular pay periods, commencing with the first such pay period following seven (7) days after to Employee delivers the executed version of the Agreement to the Company. C. If, after the Termination Date, Employee elects to continue health and dental insurance through COBRA continuation coverage, Company agrees to pay through September 30, 2012, the his portion of the premium for such insurance XXXX pursuant to the terms and conditions of the XXXX and when payments are made to other eligible employees. B. The Parties hereby agree that Company would have paid had Employee maintained such insurance if either Party determines that the transition of Employee’s responsibilities is substantially complete prior to the Termination Date. Employee shall be responsible for paying , then either Party may accelerate the remainder Termination Date with the written consent of the premium and Employee hereby requests that other Party, with such amount consent not to be deducted by Company from the Separation Payunreasonably withheld. D. C. Employee hereby agrees that Company NII will deduct from the Separation Pay above-described payments all withholding taxes and other payroll deductions that Company NII is required by law to make from wage payments to employees. Employee hereby agrees that the payments and performances described in this Agreement are all that Employee shall be entitled to receive from Company NII except for vested qualified retirement benefits, if any, to which Employee may be entitled under Company’s NII's ERISA plans. E. . Employee further acknowledges and agrees that the payment described in Section 1(A) shall be deemed to satisfy NII’s obligations pursuant to NII’s Severance Plan (as amended and acknowledges restated February 27, 2013) (the “Severance Plan”), that he shall have no right or claim such payment represents the full amount payable to any bonus payment from the Company including, but not limited to, any bonus Employee under the Lumber Liquidators Holdingsterms of the Severance Plan, Inc. Annual Bonus and that the Severance Plan for Executive Managementrequires Employee to execute this Agreement as a condition of receiving any such payments. F. Employee acknowledges receipt of a payment of $40,000.00 in December 2011 relating to certain relocation expenses claimed by Employee. Company agrees not to seek reimbursement of such payment from Employee.