Apple 1997 Annual Report Download - page 149

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11
designated by the terms thereof as one of the Combined Arrangements and the Supplement to the Severance Plan.
"COMBINED PAYMENTS" shall mean the aggregate cash amount of
(i) severance payments made to you under Section 3(a) of this Agreement or to any other employee or former employee under the
corresponding provisions of the applicable Combined Arrangement, (ii) severance payments made under Sections 2(e) and 2(f) of the
Supplement or the corresponding provisions of the applicable Combined Arrangement, (iii) Gross-Up Payments made to you under
Section 6 of this Agreement or to any other employee or former employee under the corresponding provisions of the applicable Combined
Arrangement, (iv) fees and expenses which are paid or reimbursed to you under Section 6 of this Agreement or to any other employee or
former employee under the corresponding provisions of the applicable Combined Arrangement, (v) payments made to you under Section 5 of
this Agreement or to any other employee or former employee under the corresponding provisions of the applicable Combined Arrangement and
(vi) costs incurred by the Company in respect of any employee or former employee under Section 2(d) of the Supplement or the corresponding
provisions of the applicable Combined Arrangement.
"CODE" shall mean the Internal Revenue Code of 1986, as amended, and any successor provisions thereto.
"COMMON STOCK" shall mean the common stock of the Company.
"DISABILITY" shall mean (i) your incapacity due to physical or mental illness which causes you to be absent from the full-time performance
of your duties with the Company for six (6) consecutive months and (ii) your failure to return to full-time performance of your duties for the
Company within thirty (30) days after written Notice of Termination due to Disability is given to you. Any question as to the existence of your
Disability upon which you and the Company cannot agree shall be determined by a qualified independent physician selected by you (or, if you
are unable to make such selection, such selection shall be made by any adult member of your immediate family), and approved by the
Company. The determination of such physician made in writing to the Company and to you shall be final and conclusive for all purposes of this
Agreement.
"ELTSOP" shall mean the Apple Computer, Inc. 1987 Executive Long Term Stock Option Plan, as amended, and any successor plan thereto.
"EQUITY AWARDS" shall mean options, restricted stock, bonus stock or other grants or awards which consist of, or relate to, equity
securities of the Company and which have been granted to you under the Equity Plans. For purposes of this Agreement, Equity Awards shall
also include any securities acquired upon the exercise of an option, warrant or similar right that constitutes an Equity Award.
"EQUITY PLAN CHANGE IN CONTROL" shall mean a change in control of the Company as defined in the applicable Equity Plan.