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RELEASE AGREEMENT

Release Agreement

RELEASE AGREEMENT 

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This Release Agreement involves

ASHWORTH INC | Winston E. Hickman

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Title: RELEASE AGREEMENT
Date: 11/22/2006
Industry: APPARL     Sector: CYCLIC

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EX-10.1

Exhibit 10.1

RELEASE AGREEMENT

The Release Agreement (this “Agreement”) is made and entered into as of the 16th day of November, 2006 by and between Winston E. Hickman (hereinafter referred to as “Employee”) and Ashworth, Inc. (hereinafter referred to as “Ashworth”) whereby the parties agree to terminate their employment relationship on an amicable basis as follows:

 

1.

 

Employee has been employed by Ashworth since February 23, 2006, during which time he has held the position of Executive Vice President (EVP) and Chief Financial Officer (CFO).

 

 

2.

 

In exchange for Employee’s assistance with the professional transition of his functional EVP and CFO responsibilities and the releases contained herein, Ashworth will provide continued Medical, Dental and Exec-U-Care insurance coverage for a period of eighteen months (18 months) as set forth below:

 

 

a.

 

Employee’s employment will terminate on November 17, 2006 and his standard Group Coverage for Medical, Dental and Exec-U-Care Insurances will end on November 30, 2006.

 

 

b.

 

To continue Employee’s Medical and Dental insurances exactly as he is enrolled prior to December 1, 2006, Ashworth will pay eighteen months of COBRA premiums directly to its COBRA Administrator, Conixis. Said COBRA insurance premiums or payments shall be in the amount of eight hundred thirty-eight dollars ($838.00) per month for eighteen months, for a total of fifteen thousand eighty-four dollars ($15,084).

 

 

c.

 

To continue Employee’s Exec-U-Care coverage exactly as he is enrolled prior to December 1, 2006, Ashworth will pay for eighteen months of coverage directly to Exec-U-Care. Said Exec-U-Care premiums or payments shall be in the amount of sixty-two dollars and fifty cents ($62.50) per quarter for five (5) quarters, for a total of three hundred twelve dollars and fifty cents ($312.50).

 

 

d.

 

Said payment of premiums for Medical, Dental and Exec-U-Care Insurances shall cover the Employee for the periods of December 1, 2006 through May 31, 2008.

 

 

e.

 

Employee will be kept “whole” if Ashworth should change Group Medical, Dental, or Exec-U-Care Plans or if the cost of said Plans should increase during the eighteen month period subsequent to termination of his employment, such that Employee will be provided substantially the same level of coverage that he had prior to December 1, 2006 at no additional cost to the Employee.

 

 

3.

 

In consideration of the aforementioned compensation, Employee agrees:

 

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