EMPLOYEE SEVERANCE AGREEMENTTermination Severance Agreement |
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Exhibit 10.12
EMPLOYEE SEVERANCE AGREEMENT
This Employee Severance Agreement (this "Agreement"), dated as of November
17, 2003 (the "Effective Date"), is between Premium Standard Farms, Inc.
("PSF"), a Delaware corporation whose principal executive offices are located in
Kansas City, Missouri, and Richard Morris ("Morris").
1. Employment. PSF will employ Morris as the Vice-President of Sales and
Marketing. He is employed as an at-will employee. The parties anticipate the
employment to last for at least until November 17, 2008, at which time Morris
will be eligible for the severance payment recited herein.
2. Salary and Benefits. Morris will commence his employment at an annual
salary of $200,000, and will receive the standard benefits as in effect from
time to time afforded to PSF officers.
3. Prior Agreements. This agreement supersedes and replaces any prior
representations or employment agreements entered into by and between PSF and
Morris, and is not intended as a contract of employment for a fixed duration.
4. Resignation. If Morris resigns his employment or leaves employment by
reason of his death or disability at any time prior to November 17, 2008, he
will forfeit the severance payment.
5. Termination of Employment. If Morris' employment is terminated by PSF
for specified reasons, he will not be paid the severance payment. The specified
reasons are (A) any fraud, theft or intentional misappropriation perpetrated by
Morris against PSF; (B) Morris' conviction for or admission of a felony offense
or his indictment for a criminal offense involving or relating to the business
of PSF; (C) Morris' failure to abide by PSF policies and procedures; (D) Morris'
breach of his obligations under Sections 8 or 9 of this Agreement; or (E)
Morris' failure to perform his obligations as an officer of PSF, after
counseling.
6. Severance Payment. If PSF terminates Morris' employment at any time for
reasons other than specified herein, Morris will receive all earned Base Salary
and benefits under Section 2 only through the last day of Morris' employment
with PSF (as well as reimbursement of expenses incurred through the last day of
Morris' employment). In exchange for providing PSF with an enforceable waiver
and release agreement in a form utilized by PSF for PSF officers, for the period
of time immediately following Morris' last day of employment with PSF through
November 17, 2008, PSF will continue to pay to Morris, as Morris' severance pay,
Morris' Base Salary then in effect on Morris' last day of employment. Also, PSF
will pay the COBRA premium for continuing Morris' health insurance, in effect at
the time of Morris' termination, under COBRA for a period of 18 months. In the
event of Morris' death prior to November 17, 2008, PSF's obligation to continue
to pay Morris' severance pay and the COBRA premium shall cease as of the last
day of the month in whic






