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Exhibit 10.43
April 4, 1997
Xx. Xxxx Xxxxx
000 Xxxx Xxxxxx
Xxxxxxxxxx, XX 00000
Dear Xxxx:
This letter is written with reference to the (i) Employment Agreement
between Bruno's, Inc. (the "Company") and you dated as of December 18, 1995 (the
"Agreement") and (ii) the Company's decision to terminate your employment
pursuant to the Agreement. In connection with the termination of your employment
with the Company, the Company and you have agreed as follows:
(1) The Company relieved you of your active day-to-day responsibilities
with the Company effective as of March 31, 1997, and you have resigned from your
position as Senior Vice President - Marketing of the Company effective as of
March 31, 1997. The Company has agreed that you will remain on the Company's
payroll and that you will continue to receive the same base salary and benefits
that you were receiving prior to March 31, 1997 until the first to occur of (i)
March 31, 1998 or (ii) your re-employment with another company. You acknowledge
and agree that the period covered by the severance payments to which you are
entitled under Section 6.1 of the Agreement began on April 1, 1997 and will end
on March 31, 1998. After March 31, 1998, the Company will have no further
obligations to you under the Agreement.
(2) You agree to provide the Company with prompt notice if you are
re-employed by another company at any time prior to March 31, 1998. After the
date of your re-employment with another company, you will no longer be entitled
to receive any benefits from the Company but you will continue to receive the
severance payments to which you are entitled under Section 6.1 of the Agreement
through March 31, 1998.
(3) You will be eligible to receive a bonus for the Company's fiscal year
ended February 1, 1997 if and to the extent that the Board of Directors of the
Company approves the payment of bonuses for such fiscal year. Your bonus, if
any, will be paid at the same time that bonuses are paid to the other executive
officers of the Company. You will not be eligible to participate in the
Company's bonus plan for the Company's fiscal year which commenced on February
2, 1997.
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Xx. Xxxx Xxxxx
April 4, 1997
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(4) The terms and provisions of this letter agreement shall constitute an
amendment to the Agreement. Except as amended hereby, the terms and provisions
of the Agreement shall remain in full force and effect.
Two copies of this letter are enclosed. If this letter accurately reflects
our agreement, please sign both copies of this letter and return one copy to me.
Sincerely,
BRUNO'S, INC.
By: /s/ Xxxxx Xxxxxx
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Xxxxx Xxxxxx
Senior Vice President -
Human Resources
Approved and Agreed
/s/ Xxxx Xxxxx
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XXXX XXXXX
