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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 />

(iv) any act of moral turpitu<strong>de</strong> or willful misconduct by the Executive which (A) is inten<strong>de</strong>d to result in<br />

substantial personal enrichment of the Executive at the expense of the Company or any of its subsidiaries<br />

or affiliates or (B) has a material adverse impact on the business or reputation of the Company or any<br />

of its subsidiaries or affiliates (such <strong>de</strong>termination to be ma<strong>de</strong> by the Company’s Board of Directors in its<br />

reasonable judgment).<br />

(e) TERMINATION BY EXECUTIVE. <strong>The</strong> Executive shall have the right, exercisable at any time during<br />

the Term of Employment, to terminate his employment for any reason whatsoever, upon six (6) months’<br />

prior written notice to the Company. Upon such termination, the Company shall have no further obligations<br />

hereun<strong>de</strong>r other than to pay the executive his accrued benefits through the date of such termination.<br />

(f) NON-RENEWAL. In the event the Company does not offer the Executive the renewal of the Term<br />

of Employment on the basis of terms no less favorable than those pending at the time of the conclusion<br />

of the Term, the Executive shall be entitled to a severance arrangement providing Base Salary and contribution<br />

of certain benefits for a period consistent with Company policy at that time (which in no event will<br />

exceed two years).<br />

(g) EFFECT OF TERMINATION. Upon the termination of the Executive’s employment hereun<strong>de</strong>r for<br />

any reason, the Company shall have no further obligations hereun<strong>de</strong>r, except as otherwise provi<strong>de</strong>d herein.<br />

<strong>The</strong> Executive, however, shall continue to have the obligations provi<strong>de</strong>d for in Sections 7 and 8 hereof.<br />

Furthermore, upon such termination, the Executive shall be <strong>de</strong>emed to have resigned immediately from<br />

all offices and directorships held by him in the Company or any of its subsidiaries.<br />

20<br />

7. CONFIDENTIALITY; OWNERSHIP.<br />

(a) <strong>The</strong> Executive agrees that he shall forever keep secret and retain in strictest confi<strong>de</strong>nce and not<br />

divulge, disclose, discuss, copy or otherwise use or suffer to be used in any manner, except in connection<br />

with the Business of the Company, its subsidiaries or affiliates and any other business or proposed business<br />

of the Company or any of its subsidiaries or affiliates, any “Protected Information” in any “Unauthorized”<br />

manner or for any “Unauthorized” purpose (as such terms are hereinafter <strong>de</strong>fined).

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