PAYMENT OF $57,750, PAYABLE NO LATER THAN MARCH 31,
2008 IN LIEU OF ANY BONUS THAT MAY HAVE BECOME PAYABLE UNDER THE BONUS PLAN
ABSENT MOHR'S TERMINATION OF EMPLOYMENT;
(III)
A LUMP-SUM PAYMENT OF $15,348.93 IN LIEU OF THE CONTINUATION
HEALTHCARE INSURANCE BENEFITS DESCRIBED IN SECTION 1(C)(III)(A) OF THE
EMPLOYMENT AGREEMENT, PAYABLE NO LATER THAN MARCH 31, 2008; AND
(IV)
$231,000 PAYABLE IN SUBSTANTIALLY EQUAL INSTALLMENTS ON THE
COMPANY'S GENERALLY APPLICABLE 2009 PAYROLL DATES, IN ANY EVENT, PAYABLE IN FULL
DURING CALENDAR YEAR 2009 ONLY.
NOTWITHSTANDING THE FOREGOING, THE COMPANY SHALL MAKE NO SEVERANCE PAYMENTS TO
MOHR PRIOR TO THE EXPIRATION OF ANY REVOCATION PERIOD APPLICABLE UNDER THE
RELEASE AND, TO THE EXTENT THAT ANY SEVERANCE PAYMENT WOULD OTHERWISE HAVE BEEN
PAID PRIOR TO SUCH EXPIRATION, SUCH SEVERANCE PAYMENT SHALL BE PAID AS SOON AS
PRACTICABLE FOLLOWING THE EXPIRATION OF SUCH REVOCATION PERIOD, BUT IN NO EVENT
MORE THAN FIFTEEN (15) DAYS AFTER SUCH EXPIRATION (PROVIDED THAT MOHR HAS NOT
REVOKED THE RELEASE).
THE COMPANY'S OBLIGATION TO CONTINUE TO PROVIDE MOHR WITH
SEVERANCE PAYMENTS DESCRIBED IN SECTIONS 2(B)(I) AND 2(B)(IV) ABOVE SHALL CEASE
IF MOHR FURNISHES SERVICES TO A THIRD PARTY AS A SENIOR EXECUTIVE.
MOHR SHALL
BE UNDER NO OBLIGATION TO SEEK OR ACCEPT ANY EMPLOYMENT DURING THE SEVERANCE
PERIOD.
MOHR HAS NOT, AS OF THE EXECUTION DATE, ENTERED INTO ANY ARRANGEMENT TO
FURNISH SUCH SERVICES AND AGREES TO PROVIDE COMPANY WITH TIMELY NOTICE OF HIS
ACCEPTANCE OF ANY ENGAGEMENT TO FURNISH SERVICES TO A THIRD PARTY AS A SENIOR
EXECUTIVE.
(C)
EXCLUSIVITY OF BENEFITS.
EXCEPT AS EXPRESSLY PROVIDED IN
SECTION 2 OF THIS AGREEMENT, MOHR SHALL NOT BE ENTITLED TO ANY ADDITIONAL
PAYMENTS OR BENEFITS IN CONNECTION WITH HIS EMPLOYMENT OR THE TERMINATION
THEREOF OR UNDER OR IN CONNECTION WITH ANY CONTRACT, AGREEMENT OR UNDERSTANDING
BETWEEN MOHR AND THE COMPANY.
ALL EMPLOYEE BENEFITS, INCLUDING WITHOUT
LIMITATION, ANY MEDICAL, DENTAL, LIFE INSURANCE, DISABILITY INSURANCE AND OTHER
BENEFITS PROVIDED OR FUNDED IN WHOLE OR IN PART BY THE COMPANY SHALL CEASE AS OF
THE TERMINATION DATE.
(D)
RETURN OF PROPERTY.
BY SIGNING THIS AGREEMENT, MOHR REPRESENTS
THAT HE HAS RETURNED TO THE COMPANY ALL PROPERTY OF THE COMPANY, INCLUDING
WITHOUT LIMITATION, ORIGINAL VERSIONS AND/OR COPIES OF DOCUMENTS, SPREADSHEETS,
PRESENTATIONS OR OTHER MATERIALS, IN ANY MEDIA OR FORMAT, REPRESENTING COMPANY
PROPRIETARY INFORMATION AND/OR RECORDS, AS THOSE TERMS ARE DEFINED IN THE
EMPLOYMENT AGREEMENT, ALL KEYS, ACCESS CARDS, CREDIT CARDS, CALLING CARDS,
COMPUTER HARDWARE AND SOFTWARE, CELLULAR PHONES AND OTHER MOBILE COMMUNICATIONS
DEVICES.
MOHR REPRESENTS THAT THE INVENTORY ATTACHED HERETO AS EXHIBIT E (THE
"OFFICE INVENTORY") SETS FORTH THE COMPLETE AND COMPREHENSIVE LIST OF ALL FILES,
DOCUMENTS, BOOKS, EQUIPMENT, OTHER TANGIBLE ITEMS OR MATERIALS, IN ANY AND ALL
MEDIA RETAINED BY MOHR FROM HIS COMPANY OFFICE AND FURTHER WARRANTS THAT SUCH
OFFICE INVENTORY IS COMPRISED SOLELY OF MOHR'S PERSONAL ITEMS MOHR HAS NOT
REMOVED ANY COMPANY PROPRIETARY INFORMATION AND/OR RECORDS.
THE COMPANY AGREES
TO FURNISH MOHR, FOR HIS OWN USE, A BLACKBERRY COMMUNICATION DEVICE.
MOHR
UNDERSTANDS AND ACKNOWLEDGES THAT COMPANY MAINTAINS NO