ContractEmployment Agreement • February 19th, 2008 • Pacer International Inc • Arrangement of transportation of freight & cargo • Texas
EMPLOYMENT AGREEMENT dated as of December 14, 2007, between Pacer International, Inc., a Tennessee corporation (the “Company”), and Dan M. Beers (the “Executive”).
Settlement AgreementSettlement Agreement • February 19th, 2008 • Pacer International Inc • Arrangement of transportation of freight & cargo • California
This letter agreement (the “Agreement”) memorializes our mutual agreement and understanding in connection with the termination of your employment with Pacer International, Inc. (“Pacer”), and its Affiliates (as defined in Section 19 below) (collectively, the “Company”) and settlement and release of potential claims as noted below. This Agreement shall become effective as set forth in Section 4 below. Anything contained in this Agreement to the contrary notwithstanding, at the election of the Company by written notice to you this Agreement shall become null and void in its entirety, and shall have no force or effect whatsoever, if you take any action or make any statement that constitutes, or would constitute, a breach or violation of, or noncompliance with, any provision of this Agreement during the 21-day and 7-day periods referenced in Sections 4(a) and 4(b) below as if this Agreement were in effect at the time of such action or statement. Accordingly, in consideration of the mutual
* ] CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. SOFTWARE LICENSE AGREEMENT (“Agreement”)Software License Agreement • February 19th, 2008 • Pacer International Inc • Arrangement of transportation of freight & cargo • Pennsylvania
This Agreement is made effective as of the 30 day of September, 2007, by and between SAP America, Inc., a Delaware corporation, with offices at 3999 West Chester Pike, Newtown Square, PA 19073 (“SAP”), and Pacer International, Inc., a Tennessee corporation, with offices at 2300 Clayton Road, Concord, CA 94520 (“Licensee”).
Separation and Release AgreementSeparation and Release Agreement • February 19th, 2008 • Pacer International Inc • Arrangement of transportation of freight & cargo • Ohio
This letter agreement (the “Agreement”) memorializes our mutual agreement and understanding in connection with the termination of your employment with Pacer International, Inc. (“Pacer”) and its subsidiaries, (collectively, the “Company”). Accordingly, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Pacer and you hereby agree as follows:
NONSTATUTORY STOCK OPTION AWARD AGREEMENT PURSUANT TO THE PACER INTERNATIONAL, INC. 2006 LONG-TERM INCENTIVE PLANNonstatutory Stock Option Award Agreement • February 19th, 2008 • Pacer International Inc • Arrangement of transportation of freight & cargo • Tennessee
This NON-STATUTORY STOCK OPTION AWARD AGREEMENT (the “Agreement”) is made and entered into as of the day of , 200 , by and between Pacer International, Inc. (the “Company”), a Tennessee corporation, and (the “Grantee”).
