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EMPLOYEE SEVERANCE AGREEMENT

Termination Severance Agreement

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This Termination Severance Agreement involves

Premium Standard Farms, Inc

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Title: EMPLOYEE SEVERANCE AGREEMENT
Governing Law: Missouri     Date: 3/11/2005

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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

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