Common Contracts

Contract

April 20th, 2011

• Filed
  April 20th, 2011

benefit programs and to receive fringe benefits generally available to similarly situated employees of the Company. Ms. Kinerk’s agreement provides that if she is terminated without cause (as defined below), the Company will pay Ms. Kinerk any earned but unpaid base salary, any unreimbursed business expenses as of the date of termination and her then-current base salary for a period of 12 months. “Cause” is generally defined under Ms. Kinerk’s employment agreement as: (i) fraud or willful or intentional misrepresentation in connection with her duties; (ii) failure to substantially perform her duties; (iii) continued failure to substantially perform her duties; (iii) willful or intentional conduct that is detrimental to the Company’s reputation, goodwill or business operations; (iv) breach or threatened breach of the restrictive covenants in the agreement; or (vi) conviction for any criminal act.