Exhibit 10.95
Terms of Transition Services
Arrangements with Bradley J. Schwartz
You will be paid through today,
February 14, 2005. If you commence performance of the
transition services specified below promptly after the effective
date of your termination of employment, and continue satisfactory
performance of such transition services for not less than the
specified three (3) months, you will also be eligible to
receive the sum of Seven Hundred Fifty Thousand Dollars ($750,000),
payable in twelve (12) equal monthly payments. The opportunity
to receive each of these monthly payments is in lieu of the payment
by BearingPoint of the six (6) months of compensation provided
for in your Managing Director Agreement. By your acceptance of any
or all of these monthly payments you will acknowledge your waiver
of entitlement to any and all of the six (6) month lump sum
amount specified in your Managing Director Agreement with
BearingPoint. These monthly amounts are inclusive of any remaining
personal days. BearingPoint may choose, in its sole discretion, to
accelerate payment of all or a portion of these monthly payments,
in a single lump sum or otherwise.
If, at any time during the twelve
(12) month period following the effective date of your
employment termination, BearingPoint reasonably determines that you
are, or have been directly or indirectly responsible for any
inappropriate financial activity, or illegal behavior, directly or
indirectly associated with, arising from, or concerning your
employment with BearingPoint
