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Employment Agreement

Termination Severance Agreement

Employment Agreement | Document Parties: TWEEN BRANDS, INC. | Too, Inc You are currently viewing:
This Termination Severance Agreement involves

TWEEN BRANDS, INC. | Too, Inc

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Title: Employment Agreement
Date: 6/17/2008
Industry: Retail (Apparel)     Sector: Services

Employment Agreement, Parties: tween brands  inc. , too  inc
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Exhibit 10.1
June 13, 2008
Kenneth T. Stevens
7309 Lambton Park Road
New Albany, Ohio 43054
Dear Ken:
This Letter Agreement will serve to specify the terms of your separation from Tween Brands, Inc. (“Tween Brands” or the “Company” (formerly Too, Inc.)). Except as set forth below, (a) all terms and conditions of your Employment Agreement dated January 29, 2007 between you and the Company (the “Employment Agreement”) remain in force and (b) to the extent of any disagreement between this Letter Agreement and the Employment Agreement, the Employment Agreement shall control. Any capitalized word or term used but not defined in this Letter Agreement has the meaning given to it in the Employment Agreement.
1.   June 27, 2008 shall be your “Termination Date.” Between now and the Termination Date, you will continue as President and Chief Operating Officer of the Company. The Termination Date will be your final date of employment with the Company and, on such date, you shall incur a “separation from service,” as that term is defined in Section 409A of the Internal Revenue Code of 1986, as amended. The pay and benefits you currently receive as President and Chief Operating Officer shall continue through the Termination Date.
2.   You shall cease to be an officer of the Company and any of its affiliates on the Termination Date. You will also cease acting as Principal Financial Officer and Principal Accounting Officer of the Company on the Termination Date.
3.   You have submitted a letter of resignation to the Company’s Board of Directors (the “Board”) dated June 11, 2008. Your resignation from the Board would be effective June 27, 2008.
4.   The termination of your employment will be treated on the Termination Date as a Voluntary Termination by Executive without Good Reason under Paragraph 11(a) of the Employment Agreement entitling you to the

 


 
    compensation and benefits set forth in Paragraph 11(a) of the Employment Agreement. In addition, the Company agrees to pay you within five (5) business days of the date this Letter Agreement becomes irrevocable the amount of four hundred thousand dollars ($400,000) minus applicable taxes and fees.
5.   The Company agrees to reimburse you for legal fees you may incur associated with the negotiation of this Letter Agreement up to a maximum total amount of five thousand dollars ($5,000). You will receive this payment after you submit to the Company appropriate documentation of these legal fees and within sixty (60) days of the date this Letter Agreement becomes irrevocable.
6.   The Company agrees to reduce the “Non-Competition Period” outlined in Paragraph 12(b) of the Employment Agreement and the “No-Raid Period” outlined in Paragraph 12(c) of the Employment Agreement from two years to a period of one year from the Termination Date.
7.   Neither you nor any officer, director or any authorized spokesperson of the Company will state or otherwise publish anything about the other party which would adversely affect the reputation, image or bu

 
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