PROVISIONS OF THIS AGREEMENT.
28.
NOTICES.
ALL NOTICE REQUIRED OR PERMITTED
TO BE GIVEN UNDER THIS AGREEMENT SHALL BE SUFFICIENT IF IN WRITING AND MAILED BY
CERTIFIED OR REGISTERED MAIL, RETURN RECEIPT REQUESTED AND POSTAGE PREPAID,
ADDRESSED AS FOLLOWS OR TO SUCH OTHER ADDRESS AS EITHER PARTY SHALL HAVE
NOTIFIED THE OTHER.
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If to the Executive:
Sean P. Maher
262 Oneida Street
Elmhurst, IL USA 60126
If to the Company:
CenterPoint Properties Trust
1808 Swift Road
Oak Brook, IL 60523-1501
Facsimile: 630-586-8010
29.
GOVERNING LAW.
THIS AGREEMENT SHALL BE
GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF
ILLINOIS, WITHOUT REFERENCE TO PRINCIPLES OF CONFLICT OF LAWS.
30.
PARTIAL INVALIDITY. IF ANY PROVISION OF THIS
AGREEMENT SHALL BE HELD INVALID OR UNENFORCEABLE, THE REMAINDER NEVERTHELESS
SHALL REMAIN IN FULL FORCE AND EFFECT. IF ANY PROVISION IS HELD INVALID OR
UNENFORCEABLE WITH RESPECT TO PARTICULAR CIRCUMSTANCES, IT NEVERTHELESS SHALL
REMAIN IN FULL FORCE AND EFFECT IN ALL OTHER CIRCUMSTANCES.
31.
BENEFIT. THIS AGREEMENT SHALL BE BINDING
UPON AND INURE TO THE BENEFIT OF THE PARTIES AND THEIR SUCCESSORS AND ASSIGNS,
AND UPON ALL PERSONS, CORPORATIONS OR ENTITIES WHICH SHALL ENGAGE IN THE
BUSINESS HEREIN CONTEMPLATED UNDER THE CONTROL AND DIRECTION OF THE PARTIES.
32.
ENTIRE AGREEMENT. THIS AGREEMENT AND THE
DOCUMENTS INCORPORATED HEREIN BY REFERENCE CONTAIN THE ENTIRE AGREEMENT AND
UNDERSTANDING OF THE PARTIES, AND NO REPRESENTATIONS, PROMISES, AGREEMENTS OR
ANY UNDERSTANDING, WRITTEN OR ORAL, NOT CONTAINED HEREIN SHALL BE OF ANY FORCE
OR EFFECT.
UPON A TERMINATION OF EMPLOYMENT FOR ANY REASON FOLLOWING A CHANGE
IN CONTROL (AS DEFINED IN SECTION 11 OF THE EMPLOYMENT AGREEMENT), THIS
AGREEMENT SHALL TERMINATE AND BE OF NO FORCE OR EFFECT.
33.
MODIFICATIONS AND WAIVERS. NO CHANGE,
MODIFICATION OR WAIVER OF ANY PROVISION OF THIS AGREEMENT SHALL BE VALID OR
BINDING UNLESS IT IS IN WRITING DATED SUBSEQUENT TO THE DATE HEREOF, AND SIGNED
BY THE PARTY INTENDED TO BE BOUND. NO WAIVER OF ANY BREACH, TERM OR CONDITION OF
THIS AGREEMENT BY EITHER PARTY SHALL CONSTITUTE A SUBSEQUENT WAIVER OF THE SAME
OR ANY OTHER BREACH, TERM OR CONDITION.
*
*
*
*
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
first written above.
Sean P. Maher
CENTERPOINT PROPERTIES TRUST
By:
Michael M. Mullen
Its:
Chief Executive Officer
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SENIOR VICE PRESIDENT, DEVELOPMENT
POSITION SUMMARY:
RESPONSIBLE FOR THE DEVELOPMENT OF BUILD-TO-SUIT AND NEW CONSTRUCTION PROJECTS
WITH RISK-ADJUSTED RETURNS THAT ARE IN ACCORDANCE WITH CENTERPOINT'S BUSINESS
STRATEGIES
RESPONSIBILITIES:
(INCLUDE BUT ARE NOT LIMITED TO)
•
OVERSEES THE CONSTRUCTION PROCESS INCLUDING THE ASSEMBLING OF
THE CONSTRUCTION TEAM, FINALIZING PRICING AND CONSTRUCTION SCHEDULES AND
NEGOTIATING WITH LOCAL MUNICIPALITIES ON ENTITLEMENT AND INCENTIVE ISSUES
•
EVALUATES AND RESPONDS TO ALL DEVELOPMENT DEAL OPPORTUNITIES,
WORKING CLOSELY WITH THE BROKERAGE AND DEVELOPMENT COMMUNITIES
•
DEVELOPS A LIST OF CONTACTS BY PARTICIPATING IN REAL ESTATE
CONFERENCES, SEMINARS AND OTHER NETWORKING ACTIVITIES
•
COMPLETES WORK CONSISTENT WITH CORPORATE PROCESSES AND
POLICIES
•
NEGOTIATES THE ECONOMICS