America Online 2012 Annual Report Download - page 123
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Execution Copy
agreement has become effective by its terms, or on the sixtieth (60 ) day following your termination of employment. This payment will not
be eligible for deferrals to Company’s 401(k) plan.
3. Paragraph 5A(iii) of the Employment Agreement is hereby replaced in its entirety with the following:
(iii) In addition, subject to the terms of paragraph 4.B. herein, Executive will receive a one-time, lump-sum severance payment in an
amount equal to the amount of the target Bonus payment Executive would have received under the ABP for the current performance
period, prorated through the effective date of Executive’s termination of employment, less tax withholdings. This payment will be paid on
the sixtieth (60 ) day following your termination of employment. This payment will not be eligible for deferrals to Company’s 401(k)
plan.
4. Counterparts. This Third Amendment may be signed in several counterparts, each of which shall be deemed to be an original but all of which together
will constitute one and the same instrument.
5. Entire Agreement. The Employment Agreement (as amended by this Third Amendment) contains the entire agreement between the parties concerning the
subject matter hereof and supersedes all prior agreements, written or oral, between the parties with respect thereto.
6. Employment Agreement Terms. Except as provided in this Third Amendment, all terms and conditions of the Employment Agreement shall remain in
effect and shall not be altered by this Third Amendment.
(Signature page to Third Amendment follows)
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