RETIREMENT AND RELEASE
AGREEMENT
I, David M.
Theno, whose address is 4503 Sun Valley Road, Del Mar, CA 92014
understand that my retirement from Jack in the Box will be
effective on September 28, 2008. This Retirement and Release
Agreement (Agreement) is entered into in connection with my
retirement.
Jack in the
Box Offer. From
September 29, 2008 to December 31, 2008, I will be
available to consult with the Company as reasonably required. In
exchange, Jack in the Box has offered to pay me a final payment of
$88,875.00 (less required payroll deductions). In order to receive
this Offer, the Requirements to Accept Offer described below must
be fulfilled. If the Requirements to Accept Offer are not
fulfilled, the Jack in the Box Offer automatically terminates. The
lump sum final payment is in addition to wages due to me for work
performed on or before September 30, 2008 and will be paid to
me as consideration for my settlement, release and discharge of any
and all known claims as described below.
Waiting
Period and Revocation. I
received this Agreement on August 7, 2008 and have been given
a twenty-one (21) day waiting period to consider whether to
sign it. I understand that even if I sign and return this
Agreement, I can still revoke this Agreement within seven
(7) days after it is returned to Jack in the Box (Revocation
Period) and this Agreement will not become effective or enforceable
until the Revocation Period has expired.
Requirements
to Accept Offer. In order
to accept the Jack in the Box Offer I must:
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(a)
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sign this Agreement and return it to
Jack in the Box by either:
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(i)
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hand-delivering the Agreement to
Robin Jones, Director, Human Resources, 9330 Balboa Avenue, San
Diego, CA 92123 not later than close of business on August 28,
2008; or
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(ii)
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mailing the Agreement, in which case
the envelope must be postmarked not later than August 28, 2008
and must be received within a reasonable time thereafter;
or
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(iii)
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sending the Agreement by overnight
service such as Federal Express, in which case it must be actually
received not later than August 28, 2008.
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Mail and overnight service must be
addressed to:
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Robin Jones
Director of Human Resources
9330 Balboa Ave.
San Diego, CA 92123
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(b)
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not
revoke this Agreement during the seven (7) day Revocation
Period.
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Time When
Payment Will Be Made. If
I fulfill the Requirements to Accept Offer described above, I will
receive the lump sum final payment no later than September 30,
2008. If I do not fulfill the requirements to receive payment, I
will not be entitled to any pay or benefits other than what I would
be entitled to receive as an employe
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