THE ANNUAL CASH BONUS FOR EXECUTIVE FOR THE
PRIOR FISCAL YEAR HAS NOT YET BEEN DETERMINED AS OF ANY BI-WEEKLY PAYMENT DATE,
THE PORTION OF THE EXTENSION PERIOD SALARY FOR SUCH BI-WEEKLY PERIOD THAT IS
BASED ON SUCH ANNUAL CASH BONUS SHALL BE PAID PROMPTLY AFTER THE AMOUNT OF SUCH
BONUS IS DETERMINED.
(H)
EXPENSES.
EXECUTIVE SHALL BE REIMBURSED FOR ALL REASONABLE BUSINESS
RELATED EXPENSES INCURRED BY EXECUTIVE AT THE REQUEST OF OR ON BEHALF OF THE
EMPLOYER, PROVIDED THAT SUCH EXPENSES ARE INCURRED AND ACCOUNTED FOR IN
ACCORDANCE WITH THE POLICIES AND PROCEDURES ESTABLISHED BY THE EMPLOYER.
ANY
EXPENSES INCURRED DURING THE EMPLOYMENT PERIOD BUT NOT REIMBURSED BY THE
EMPLOYER BY THE END OF THE EMPLOYMENT PERIOD, SHALL REMAIN THE OBLIGATION OF THE
EMPLOYER TO SO REIMBURSE EXECUTIVE.
(I)
HEALTH AND WELFARE BENEFIT PLANS.
DURING THE EMPLOYMENT PERIOD,
EXECUTIVE AND EXECUTIVE'S IMMEDIATE FAMILY SHALL BE ENTITLED TO PARTICIPATE IN
SUCH HEALTH AND WELFARE BENEFIT PLANS AS THE EMPLOYER SHALL MAINTAIN FROM TIME
TO TIME FOR THE BENEFIT OF SENIOR EXECUTIVE OFFICERS OF THE EMPLOYER AND THEIR
FAMILIES, ON THE TERMS AND SUBJECT TO THE CONDITIONS SET FORTH IN SUCH PLAN.
NOTHING IN THIS SECTION SHALL LIMIT THE EMPLOYER'S RIGHT TO CHANGE OR MODIFY OR
TERMINATE ANY BENEFIT PLAN OR PROGRAM AS IT SEES FIT FROM TIME TO TIME IN THE
NORMAL COURSE OF BUSINESS SO LONG AS IT DOES SO FOR ALL SENIOR EXECUTIVES OF THE
EMPLOYER.
(J)
VACATIONS.
EXECUTIVE SHALL BE ENTITLED TO PAID VACATIONS IN ACCORDANCE
WITH THE THEN REGULAR PROCEDURES OF THE EMPLOYER GOVERNING SENIOR EXECUTIVE
OFFICERS.
(K)
CERTAIN OTHER BENEFITS.
DURING THE EMPLOYMENT PERIOD, THE EMPLOYER SHALL
PROVIDE TO EXECUTIVE SUCH OTHER BENEFITS, AS GENERALLY MADE AVAILABLE TO OTHER
SENIOR EXECUTIVES OF THE EMPLOYER.
IN ADDITION, THE EMPLOYER SHALL MAINTAIN
LIFE INSURANCE FOR THE BENEFIT OF EXECUTIVE'S BENEFICIARIES IN A FACE AMOUNT
EQUAL TO $10,000,000; PROVIDED, HOWEVER, THAT SUCH COVERAGE SHALL ONLY BE
REQUIRED IF AVAILABLE TO THE EMPLOYER AT REASONABLE RATES; AND PROVIDED,
FURTHER, THAT EXECUTIVE COOPERATES AS REASONABLY REQUESTED BY THE EMPLOYER IN
THE EMPLOYER'S EFFORTS TO OBTAIN SUCH INSURANCE.
IF SUCH INSURANCE IS NOT
AVAILABLE AT REASONABLE RATES, THEN THE EMPLOYER SHALL PROVIDE SUCH COVERAGE ON
A SELF-INSURED BASIS, AT A COST TO THE EMPLOYER NOT TO EXCEED THE AMOUNT
EXECUTIVE WOULD RECEIVE UPON A TERMINATION BY THE EMPLOYER WITHOUT CAUSE (AS
DEFINED IN SECTION 6(A)(III) BELOW) WITHIN EIGHTEEN (18) MONTHS AFTER A
CHANGE-IN-CONTROL UNDER SECTION 7(A)(V).
(L)
TIMING OF EXPENSE REIMBURSEMENT.
ALL IN-KIND BENEFITS PROVIDED AND
EXPENSES ELIGIBLE FOR REIMBURSEMENT UNDER THIS AGREEMENT MUST BE PROVIDED BY THE
EMPLOYER OR INCURRED BY EXECUTIVE DURING THE TIME PERIODS SET FORTH IN THIS
AGREEMENT.
ALL REIMBURSEMENTS SHALL BE PAID AS SOON AS ADMINISTRATIVELY
PRACTICABLE, BUT IN NO EVENT SHALL ANY REIMBURSEMENT BE PAID AFTER THE LAST DAY
OF THE TAXABLE YEAR FOLLOWING THE TAXABLE YEAR IN WHICH THE EXPENSE WAS
INCURRED.
4
THE AMOUNT OF IN-KIND BENEFITS PROVIDED OR REIMBURSABLE EXPENSES INCURRED IN ONE
TAXABLE YEAR SHALL NOT AFFECT THE IN-KIND BENEFITS