February 13, 2007 Susan D. Mermer c/o eMerge Interactive, Inc.Employment Agreement • February 14th, 2007 • Emerge Interactive Inc • Services-business services, nec • Florida
Your employment with eMerge, Interactive, Inc. (the “Company”) is governed by that certain amended and restated employment agreement, dated as of May 22, 2006 (the “Agreement”). I am pleased to report that you will receive a payment of $75,000 in the event that you (i) resign from your employment with the Company under the Agreement on or before February 23, 2007, (ii) agree to waive the right to receive any severance, or any other salary continuance payments, to which you may otherwise be entitled upon your termination of employment from the Company and (iii) agree to assist the Company, on a part-time, as-needed basis within the reasonable discretion of the Company, with any such responsibilities for which the Company may need your assistance from the date of your termination of employment from the Company until the date of completion of the bankruptcy process (for which the Company expects to file a voluntary petition for relief under Chapter 11 of the United States Bankruptcy Code
TERMINATION AGREEMENT AND MUTUAL RELEASETermination Agreement and Mutual Release • February 14th, 2007 • Emerge Interactive Inc • Services-business services, nec • Delaware
This Termination Agreement and Mutual Release (this “Agreement”) is entered into as of this 14th day of February, 2007, by and among eMerge Interactive, Inc., a Delaware corporation (“eMerge”), eMerge Merger Sub, LLC, a Delaware limited liability company and a wholly owned subsidiary of eMerge (“Merger Sub” and together with eMerge the “eMerge Parties”), PRIME BioSolutions, LLC, a Delaware limited liability company (“PRIME”), and PRIME BioShield, L.L.C., a Nebraska limited liability company, which is the sole member of PRIME (“Shield” and together with PRIME the “PRIME Parties”) (collectively, the “Parties”).
