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Contrato de trabajo entre The Estee Lauder Companies, Inc. y ...

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Tesinas <strong>Contrato</strong> <strong>de</strong> <strong>trabajo</strong> <strong>entre</strong> <strong>The</strong> <strong>Estee</strong> Lau<strong>de</strong>r <strong>Companies</strong>, <strong>Inc</strong>. y Daniel J. Brestle<br />

a period of six (6) consecutive months or for shorter periods aggregating six (6) months during any<br />

twelve-month period.<br />

(b) DEATH. In the event of the <strong>de</strong>ath of the Executive during the Term of Employment, this Agreement<br />

shall automatically terminate. In the event of such termination the Company shall have no further obligations<br />

hereun<strong>de</strong>r, except to pay the Executive’s beneficiary or legal representative (i) for a period of one<br />

(1) year from the date of his <strong>de</strong>ath, the Executive’s Base Salary as established un<strong>de</strong>r Section 3(a) hereof<br />

as of the date of his <strong>de</strong>ath; (ii) bonus compensation earned un<strong>de</strong>r Section 3(b) hereof that relates to any<br />

Contract Year ending prior to the date of his <strong>de</strong>ath; and (iii) any other amounts to which the Executive<br />

otherwise would have been entitled to hereun<strong>de</strong>r prior to the date of his <strong>de</strong>ath; PROVIDED, HOWEVER,<br />

that, except as otherwise provi<strong>de</strong>d in this Section 6(b), the Company will have no further obligations un<strong>de</strong>r<br />

Sections 3(b) and 4 hereof.<br />

(c) TERMINATION WITHOUT CAUSE. <strong>The</strong> Company shall have the right, upon sixty (60) days’ prior<br />

written notice given to the Executive, to terminate the Executive’s employment for any reason whatsoever.<br />

In the event of such termination, for a period ending on the latest to occur of (x) a date one (1) year from<br />

the effective date of termination, (y) June 30, 2004, or (z) the conclusion of a severance period consistent<br />

with Company policy (which in no event will exceed two years), the Executive shall be entitled as damages<br />

to (i) receive his Base Salary as established un<strong>de</strong>r Section 3(a) hereof; and (ii) participate in all pension,<br />

insurance and other benefit plans, programs or arrangements, on terms i<strong>de</strong>ntical to those applicable to<br />

full-term senior officers of the Company. In addition, he shall receive a one-time payment equal to fifty<br />

percent (50%) of the average of actual annual bonuses paid or payable to the Executive during the Term<br />

of Employment in accordance with Section 3(b)(ii) hereof, or, if such termination occurs prior to the payment<br />

of any bonus hereun<strong>de</strong>r, the sum of $650,000. Except as otherwise provi<strong>de</strong>d in this Section 6(c),<br />

the Company will have no further obligations un<strong>de</strong>r Sections 3(b) and 4 hereof. In the event of termination<br />

pursuant to this Section 6(c), the Executive shall not be required to mitigate his damages hereun<strong>de</strong>r.<br />

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