SEPARATION AGREEMENT AND GENERAL RELEASESeparation Agreement • January 25th, 2010 • Diedrich Coffee Inc • Retail-food stores • California
THIS SEPARATION AGREEMENT AND GENERAL RELEASE (this “Agreement”) is made and entered into as of January 22, 2010 by and between Diedrich Coffee, Inc. (“Diedrich”) and J. Russell Phillips (“Executive”), with reference to (i) that certain Chief Executive Officer Employment Agreement dated as of February 7, 2008 by and between Diedrich and Executive (the “Employment Agreement”) and (ii) that certain Stock Option Agreement dated as of February 7, 2008 by and between Diedrich and Executive (the “Stock Option Agreement”). Capitalized terms used but not otherwise defined herein have the respective meanings ascribed to them in the Employment Agreement or the Stock Option Agreement, as the case may be.
LEASE AGREEMENTLease Agreement • January 25th, 2010 • Diedrich Coffee Inc • Retail-food stores • California
THIS LEASE, is made as of the December 30, 2009, by and between Castroville Industrial Partners, LLC (“Landlord”) and Diedrich Coffee, Inc. (“Tenant”).
