Document gE3v3Qe9d1r5kVvvYw825L2qa
Company home - PhEbMO ABEX CORP hEW
Hhng Date / /. /Wrt
employment under this Agreement (the "Term") shall commence on September 1, 1996 and shall end on December 31, 1999 or such later date to which the Term is extended pursuant to Section 2 2
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Ena-of-Term Provisions At any time or
or after December 31, 1998 the Company snail nave tne right to Give wrirter
notice of non-renewal of the Term. In the event the Company gives sucn rotice
of non-renewai, the Term automatically shall be extenaed so that it ends
twelve montns after the last day of the month m which the Company gives such
notice From and after January 1, 2000, unless and until the Ccm.Dany gives
written notice of non-renewal as proviaed in this Section 2 2, the Term
automatically shall be extenaed day-by-day, upon the giving of such notice
tne Company, the Term automatically shall be extended so that it enas twelve
months after the last day of the month in which the Company gives such notice.
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Special Curtailment The Term shall
end earlier than the original December 31, 1999 termination date provided in
Section 2 1 or any extended termination date provided in Section 2 2, m
either case if sooner terminated pursuant to Section 4 Non-extension of the
Term shall not be deemed to be a wrongful termination of the Term or this
Agreement by the Company pursuant to Section 4.4
3. Compensation; Benefits
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Salary As compensation for all ser
vices to be rendered pursuant to this Agreement, the Company agrees to pay
the Executive during the Term a base salary, payable semi-monthly m arrears,
at the annual rate of not less than $158,900, less such deductions or amounts
to be withheld as required by applicable law and regulations (the "Base
Salary") In the event that the Company, m its sole discretion, from time to
time deter
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mines to increase the Base Salary, such increased amount shall, from and after the effective date of the increase, constitute "Base Salary" for purposes of this Agreement.
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Bonus In addition to the amounts to
be paid to the Executive pursuant to Section 3.1, the Executive will be
eligible to receive a bonus with respect to each calendar year included within
the Term computed m accordance with the provisions of the next two succeeding
sentences If, with respect to any calendar year, the Company achieves EBITDA
of at least the percentage set forth in the table below of its business plan
for such year, such bonus shall be the percentage set forth in the table below
of Base Salary with respect to the year for which the bonus (any such bonus, a
"performance bonus") was earned
Percentage of EBITDA in Business Plan
Percentage of Base Salary
80% 85 90 95 100
60% 75 90 100 105
Disclosure Page 43