EXHIBIT 10.39
TERMINATION AGREEMENT
This Agreement is made effective the _____ day of __________,
1995, between Micron Electronics, Inc. (hereinafter called "company")
and _______________________________ (hereinafter called "employee").
WHEREAS, the parties decided to have advance notice of any
termination of employment and deem it in the best interest of
both parties to have as harmonious and smooth a transition as
possible;
NOW THEREFORE the parties agree as follows:
1. ADVANCE NOTICE. Each party shall give the other
party six months advance written notice of a termination
date, regardless of the reason or justification for the
termination.
2. TRANSITION. The company or employee may at any
time during said six month period discontinue active
employment of the employee at the company (at which time,
upon the company's request, said person will resign
immediately as an officer and/or director); but said
employee shall continue as an employee of the company for
salary, bonuses, benefits and stock vesting purposes, as
well as determining conflicts of interest, through the date
six months from the date of notice (plus any days for unused
vacation, holidays or sick days). To the extent active
employment does continue for a portion of the six-month
period, said employee will carry out only those assignments
directed by the President. The employee will answer
questions and provide information to assist the transition
during said six month period. Any mention of reasons for
the termination will be limited to the following statement
by all parties involved: the employee resigned for personal
reasons and there will be no further comment unless approved
by both parties or required by either party's legal counsel
to avoid securities law violation or other bona fide reason.
3. WAIVER. Upon receipt of said salary, bonuses,
benefits and stock, the employee waives any and all other
claims against the company, its directors, officers and
employees.
IN WITNESS WHEREOF, the parties have executed their
approval.
Micron Electronics, Inc.
By: _____________________________
By: _____________________________