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Severance Arrangement Sample Contracts

Standard Contracts

May 1, 1997
Severance Arrangement • July 24th, 1997 • Tellabs Inc • Telephone & telegraph apparatus
Severance Arrangement with David P. Sommers
Severance Arrangement • June 4th, 2007 • Netscout Systems Inc • Services-computer integrated systems design

NetScout Systems, Inc. (the “Company”) has a severance arrangement with David P. Sommers, the Senior Vice President, General Operations and Chief Financial Officer of the Company. Pursuant to this arrangement, if Mr. Sommers is terminated by the Company for any reason other than Due Cause or if Mr. Sommers terminates his employment with the Company for Good Reason, Mr. Sommers will receive severance equal to twelve (12) months of his base salary at the time of such termination. If Mr. Sommers’ employment is terminated for Due Cause or if he elects to terminate his employment with the Company for any reason other than a Good Reason, he will not be entitled to any severance payment.

SEVERANCE ARRANGEMENT WITH Hunting Deutsch
Severance Arrangement • August 9th, 2006 • Bankunited Financial Corp • Savings institution, federally chartered

On or about May 30, 2006 BankUnited entered into a severance arrangement with Hunting Deutsch, Executive Vice President Wealth Management. Under the arrangement Mr. Deutsch will be entitled to twelve months salary plus the amount of the prior year’s bonus (less applicable deductions and withholdings) if BankUnited eliminates the Wealth Management Division while Mr. Deutsch is employed in that division and does not offer him a position comparable in salary within BankUnited. This severance payment will only be made should this situation occur on or before June 5, 2011. If Mr. Deutsch’s position is eliminated due to a merger or acquisition during or after this time, Mr. Deutsch will receive only the payment indicated in the Change of Control Agreement between BankUnited Financial Corporation and Hunting Deutsch dated June 5, 2006, and not the additional severance payment referred to in the Severance Arrangement.

DATE: March 4, 1997
Severance Arrangement • March 21st, 1997 • U S Bioscience Inc • Pharmaceutical preparations
Severance Arrangement with Charles L. McNairy
Severance Arrangement • May 10th, 2007 • Avatar Holdings Inc • Operative builders

Mr. McNairy is an at-will employee. If Mr. McNairy were to be terminated by Avatar Holdings Inc. (“Avatar”) without cause he would be entitled to one year of his then current base salary and benefits. As set forth in a letter dated July 22, 2004, upon the earlier of his termination of employment and the conversion of restricted stock units (“RSUs”) that he was awarded on July 24, 2004, into shares of Avatar common stock, Mr. McNairy would receive the greater of the RSUs, to the extent their fair market value is greater than the cash amounts he is entitled to receive as severance, if any, or the severance payments, if any. Under no circumstance will he receive both the shares issuable under the award and the severance payments.

WPS Resources Corporation Severance Arrangement between WPS Resources Corporation and Joseph P. O'Leary
Severance Arrangement • March 10th, 2003 • Wisconsin Public Service Corp • Electric & other services combined

During the first three years of employment, Mr. O'Leary will be eligible for a Severance Plan that would provide a payment of one times his annual salary if his job ware eliminated. This Severance Plan does not apply in situations where termination is for cause or if Mr. O'Leary were to leave voluntarily. This Severance Plan is not in addition to the Key Executive Employment and Severance Agreement.