Addendum to Employment Offer Letter Regarding COBRA Premiums – Fresh Choice and David E. Pertl
This letter amends David E. Pertl’s January 24, 1997 employment offer from Fresh Choice. If Mr. Pertl’s employment is terminated without cause, Fresh Choice will pay a portion of his COBRA health insurance premiums during the severance period, matching the company’s prior contribution. This obligation ends after one year or when Mr. Pertl obtains coverage from another employer, whichever comes first. All other terms of the original offer letter remain unchanged.
August 23, 2001
Mr. David E. Pertl
14717 Excaliber Dr.
Morgan Hill, CA 95037
Dear Dave:
On behalf of the Fresh Choice Board of Directors, I would like to append your January 24, 1997 offer letter by providing the following COBRA provision in the event your employment is terminated without cause as defined in your original offer letter:
During the period for which severance payments are paid, if you choose to elect COBRA continuation coverage pursuant to federal law, Fresh Choice shall pay a portion of the COBRA premiums during the applicable period of severance, equal to what the Company paid towards your health care at the time of your termination. The applicable period of severance is the earlier of (1) the end of the one year severance period; or (2) when you are covered under another employer’s group health plan.
Except for the above addendum, all other terms of your January 24, 1997 offer letter remain the same. If the above addendum to your offer letter is acceptable to you, please sign below indicating your acceptance. If you have any questions about this agreement, please let me know.
Sincerely,
/S/ Charles A. Lynch
Charles A. Lynch
Chairman of the Board
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| ACCEPTANCE: | /S/ David E. Pertl |
| September 5, 2001 |
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| David E. Pertl |
| Date |
