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EXHIBIT 10.39
NABI
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0000 XXXX XX XXXXXXXX XXXXXXXXX, X.X.
XXXX XXXXX, XX 00000
EFFECTIVE AS OF DECEMBER 11, 2000
Xx. Xxxxxx X. XxXxxx
0000 XX 00xx Xxxxxx
Xxxx Xxxxx, XX 00000
Dear Xxx:
Reference is made to the letter agreement between you and the
undersigned pursuant to which you will receive compensation and other benefits
under certain circumstances in the event of a Change of Control as defined in
such agreement (the "Change of Control Severance Agreement").
This will confirm that in the event you are entitled to receive
compensation and other benefits under the Change of Control Severance Agreement
and are entitled as well to receive severance or other benefits under an
employment contact or other agreement, you shall be paid under whichever
agreement provides the greatest value to you (as conclusively determined by you)
but not under both agreements.
Very truly yours,
NABI
By /s/ XXXXX X. XXXX
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Name: Xxxxx X. Xxxx
Title: President and CEO
Agreed:
/s/ XXXXXX X. XXXXXX
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Name: Xxxxxx X. XxXxxx
Title: Sr. VP Corporate Services and CFO
