Common use of EXECUTIVE’S SEPARATION Clause in Contracts

EXECUTIVE’S SEPARATION. a. Executive’s employment with the Company and any subsidiaries and affiliated entities terminated on September 22, 2011 (the “Separation Date”). As of the Separation Date, Executive shall no longer be a member of the Board of Directors (the “Board”) of the Company or any subsidiary or affiliated entity of the Company and Executive agrees he shall execute all documents necessary to effect such resignations. The Parties agree that, for purposes of the Employment Agreement, Executive’s termination of employment will be treated as a termination by the Company without Cause (as defined in the Employment Agreement). b. Regardless of whether Executive signs the Waiver and Release of Claims attached as Exhibit A hereto (the “Release”), upon the Separation Date, or as soon as practicable thereafter (to the extent permitted by applicable law), Executive will receive from the Company (i) any unpaid base salary accrued up to and including the Separation Date, (ii) any unpaid, but earned annual incentive compensation for any completed fiscal year as of the Separation Date, (iii) pay for any accrued but unused vacation earned up to and including the Separation Date, (iv) benefits or compensation as provided under the terms of any employee benefit and compensation agreements or plans applicable to Executive and under which he has a vested right (including any right that vests in connection with the termination of his employment), (v) any unreimbursed business expenses to which Executive is entitled to reimbursement under the Company’s expense reimbursement policy, and (vi), as more fully provided in Section 7, rights to indemnification Executive may have under the Company’s Articles of Incorporation, Bylaws, the Employment Agreement, or separate indemnification agreement, as applicable, including any rights Executive may have under directors and officers insurance policies. c. Upon the Separation Date, Executive shall return to the Company all files, records, credit cards, keys, equipment, and all other Company property or documents maintained by Executive for the Company’s use or benefit. d. The Company will provide Executive with such legal and other assistance as is necessary in order to effect a change in Executive’s status for U.S. immigration purposes and shall take such other steps as are reasonably required in order to ensure that Executive is able to lawfully remain in the United States for a reasonable transition period, with the intention of enabling Executive to remain in the United States through at least December 31, 2011.

EXECUTIVE’S SEPARATION. a. The Parties hereto hereby agree that the Executive’s employment with the Company shall terminate as of January 25, 2013 (the “Separation Date”). The Executive hereby resigns, effective as of the Separation Date, all positions, titles, duties, authorities and responsibilities with, arising out of or relating to his employment with the Company and any subsidiaries and affiliated entities terminated on September 22, 2011 (the “Separation Date”). As of the Separation Date, Executive shall no longer affiliates and agrees to execute any and all additional documents and take such further steps as may be a member of the Board of Directors (the “Board”) of the Company or any subsidiary or affiliated entity of the Company and Executive agrees he shall execute all documents necessary required to effect effectuate such resignationsresignation. The Parties agree that, for purposes of Offer Letter is hereby canceled and the Employment parties shall have no further obligations to each other thereunder except as specifically provided in this Agreement, Executive’s termination of employment will be treated as a termination by the Company without Cause (as defined in the Employment Agreement). b. Regardless of whether Executive signs the Waiver and Release of Claims attached as Exhibit A hereto (the “Release”), upon the Separation Date, or as soon as practicable thereafter (to the extent permitted by applicable law), Executive will receive acknowledges that he has received and been paid in full from the Company Company: (i) any unpaid base salary accrued up to and including the Separation Date, ; (ii) any unpaid, but earned annual incentive compensation for any completed fiscal year as of the Separation Date, (iii) pay for any accrued but unused vacation earned up to and including the Separation Date, Date (ivthe Parties acknowledge and agree that Executive had 26.68 accrued but unused vacation days for which he shall be paid $35,062.32); (iii) benefits or compensation as provided under the terms of any employee benefit and compensation agreements or plans applicable to Executive and under which he has a vested right (including any right that vests in connection with the termination of his employment), ; and (viv) any unreimbursed business expenses to which Executive is entitled to reimbursement following submission of proper expense reports under the Company’s expense reimbursement policy, and (vi), as more fully provided reimbursement for housing in Section 7, rights to indemnification Executive may have under the Company’s Articles amount of Incorporation, Bylaws, the Employment Agreement, or separate indemnification agreement, as applicable, including any rights Executive may have under directors and officers insurance policies$3,096.77. c. Upon On or before the Separation Date, Executive shall return to the Company any and all filesproperty of the Company. Such property includes, records, credit cardsbut is not limited to, keys, equipmentparking passes, passwords, access cards, credit or phone cards, any computer hardware or software, vehicles, any non-public information relating to the Company or its competition, any engineering, well results, vendor or customer information, pricing and cost information, financial data or information, management materials, including all correspondence, manuals, letters, notes, notebooks, data report programs, plan proposals, and other confidential, proprietary and/or trade secret information, regardless of whether the information is in written, printed, electronic, or other form and regardless of whether it was written or compiled by Executive or other persons, as well as any and all other property that comprises property owned by the Company. Executive agrees that he will not retain any originals or copies of any Company property property, whether prepared or documents maintained created by Executive for or otherwise coming into Executive’s possession or control in the course of her employment with the Company’s use . Executive agrees to keep all such information obtained from the Company confidential between himself and the Company, except that he may tell his immediate family and attorney or benefitaccountant, if any, as needed. d. The Company will provide Executive with such legal and other assistance as is necessary in order to effect a change in Executive’s status for U.S. immigration purposes and shall take such other steps as are reasonably required in order to ensure that Executive is able to lawfully remain in the United States for a reasonable transition period, with the intention of enabling Executive to remain in the United States through at least December 31, 2011.

EXECUTIVE’S SEPARATION. a. The Parties hereto hereby agree that the Executive’s employment with the Company shall terminate as of January 25, 2013 (the “Separation Date”). The Executive hereby resigns, effective as of the Separation Date, all positions, titles, duties, authorities and responsibilities with, arising out of or relating to his employment with the Company and any subsidiaries and affiliated entities terminated on September 22, 2011 (the “Separation Date”). As of the Separation Date, Executive shall no longer affiliates and agrees to execute any and all additional documents and take such further steps as may be a member of the Board of Directors (the “Board”) of the Company or any subsidiary or affiliated entity of the Company and Executive agrees he shall execute all documents necessary required to effect effectuate such resignationsresignation. The Parties agree that, for purposes of Offer Letter is hereby canceled and the Employment parties shall have no further obligations to each other thereunder except as specifically provided in this Agreement, Executive’s termination of employment will be treated as a termination by the Company without Cause (as defined in the Employment Agreement). b. Regardless of whether Executive signs the Waiver and Release of Claims attached as Exhibit A hereto (the “Release”), upon the Separation Date, or as soon as practicable thereafter (to the extent permitted by applicable law), Executive will receive acknowledges that he has received and been paid in full from the Company Company: (i) any unpaid base salary accrued up to and including the Separation Date, ; (ii) any unpaid, but earned annual incentive compensation for any completed fiscal year as of the Separation Date, (iii) pay for any accrued but unused vacation earned up to and including the Separation Date, Date (ivthe Parties acknowledge and agree that Executive had 16.84 accrued but unused vacation days for which he shall be paid $18,612.24); (iii) benefits or compensation as provided under the terms of any employee benefit and compensation agreements or plans applicable to Executive and under which he has a vested right (including any right that vests in connection with the termination of his employment), ; and (viv) any unreimbursed business expenses to which Executive is entitled to reimbursement following submission of proper expense reports under the Company’s expense reimbursement policy, and (vi), as more fully provided reimbursement for housing in Section 7, rights to indemnification Executive may have under the Company’s Articles amount of Incorporation, Bylaws, the Employment Agreement, or separate indemnification agreement, as applicable, including any rights Executive may have under directors and officers insurance policies$3,096.77. c. Upon On or before the Separation Date, Executive shall return to the Company any and all filesproperty of the Company. Such property includes, records, credit cardsbut is not limited to, keys, equipmentparking passes, passwords, access cards, credit or phone cards, any computer hardware or software, vehicles, any non-public information relating to the Company or its competition, any engineering, well results, vendor or customer information, pricing and cost information, financial data or information, management materials, including all correspondence, manuals, letters, notes, notebooks, data report programs, plan proposals, and other confidential, proprietary and/or trade secret information, regardless of whether the information is in written, printed, electronic, or other form and regardless of whether it was written or compiled by Executive or other persons, as well as any and all other property that comprises property owned by the Company. Executive agrees that he will not retain any originals or copies of any Company property property, whether prepared or documents maintained created by Executive for or otherwise coming into Executive’s possession or control in the course of her employment with the Company’s use . Executive agrees to keep all such information obtained from the Company confidential between himself and the Company, except that he may tell his immediate family and attorney or benefitaccountant, if any, as needed. d. The Company will provide Executive with such legal and other assistance as is necessary in order to effect a change in Executive’s status for U.S. immigration purposes and shall take such other steps as are reasonably required in order to ensure that Executive is able to lawfully remain in the United States for a reasonable transition period, with the intention of enabling Executive to remain in the United States through at least December 31, 2011.

EXECUTIVE’S SEPARATION. a. The Parties hereto hereby agree that the Executive’s employment with the Company terminated as of June 1, 2012 (the “Separation Date”). The Executive hereby resigns, effective as of the Separation Date , all positions, titles, duties, authorities and responsibilities with, arising out of or relating to his employment with the Company and any subsidiaries and affiliated entities terminated on September 22, 2011 (the “Separation Date”)affiliates and agrees to execute any and all additional documents and take such further steps as may be required to effectuate such resignation. As of the Separation Date, Executive shall resign and no longer be a member of the Board of Directors (the “Board”) of the Company or any subsidiary or affiliated entity of the Company and Executive agrees he shall execute all documents necessary to effect such resignations. The Parties agree that, for purposes of the Employment Agreement, Executive’s termination of employment will be treated as a termination by the Company without Cause (as defined in the Employment Agreement). The Employment Agreement is hereby canceled and the parties shall have no further obligations to each other thereunder except as specifically provided in this Agreement. b. Regardless of whether Executive signs the Waiver and Release of Claims attached as Exhibit A hereto (the “Release”), upon the Separation Date, or as soon as practicable thereafter (to the extent permitted by applicable law), Executive will receive acknowledges that he has received and been paid in full from the Company Company: (i) any unpaid base salary accrued up to and including the Separation Date, ; (ii) any unpaid, but earned annual incentive compensation for any completed fiscal year as of the Separation Date, (iii) pay for any accrued but unused vacation earned up to and including the Separation Date, Date (ivthe Parties acknowledge and agree that Executive had eighteen (18) accrued but unused vacation days for which he has been paid); (iii) benefits or compensation as provided under the terms of any employee benefit and compensation agreements or plans applicable to Executive and under which he has a vested right (including any right that vests in connection with the termination of his employment), ; and (viv) any unreimbursed business expenses to which Executive is entitled to reimbursement following submission of proper expense reports under the Company’s expense reimbursement policy, and (vi), as more fully provided in Section 7, rights to indemnification Executive may have under the Company’s Articles of Incorporation, Bylaws, the Employment Agreement, or separate indemnification agreement, as applicable, including any rights Executive may have under directors and officers insurance policies. c. Upon Promptly after the Separation Date, Executive shall return to the Company any and all filesproperty of the Company, recordsincluding all tangible property and equipment (e.g., keys, credit cards, keysparking passes, equipmentcomputers, phones) and all notes, memos, correspondence, computer-recorded information and any other embodiment or reproduction (in whole or in part) of any Company property confidential or documents maintained by Executive for the Company’s use or benefitproprietary information, except that you may retain your personal notes, diaries, Rolodex, calendars and correspondence of a personal nature. d. The Company will provide Executive with such legal and other assistance as is necessary in order to effect a change in Executive’s status for U.S. immigration purposes and shall take such other steps as are reasonably required in order to ensure that Executive is able to lawfully remain in the United States for a reasonable transition period, with the intention of enabling Executive to remain in the United States through at least December 31, 2011.