Exhibit 10.4
WAIVER AND TERMINATION
AGREEMENT
This Waiver and Termination
Agreement (this “Agreement”) is executed as of this
day of March 2009 by and between American
Tower Corporation, a Delaware corporation and its subsidiaries and
affiliates (collectively the “Company”) and
(“Employee,” and together with the Company, the
“Parties,” and each, a “Party”).
WHEREAS, pursuant to that certain
letter dated
(the “Employment Letter”), the Company has agreed to
provide certain benefits to the Employee in the event the
Employee’s employment is terminated by the Company in certain
circumstances;
WHEREAS, the Company has implemented
the American Tower Corporation Severance Program (the
“Program”), which provides for certain benefits to
eligible Company employees in the event an employee’s
employment is terminated by the Company in certain
circumstances;
WHEREAS, the rights provided for
under the Program apply only to employees who are not otherwise
eligible for severance benefits under an individual agreement with
the Company;
WHEREAS, the Employee desires to
waive all rights to the benefits afforded under the Employment
Letter in favor of the rights afforded under the Program and
terminate the Employment Letter in its entirety; and
WHEREAS, the Parties have agreed to
the terms as set forth herein.
NOW, THEREFORE, in consideration of
the foregoing premises and the mutual covenants set forth herein
and for other good and valuable co
