Miscellaneous. a. No Right to Employment. This Agreement does not create for the Employee any employment right. This Agreement is not a contract of employment and does not alter the employment at-will relationship. Either Party may terminate the employment relationship at any time for any reason. b. Entire Agreement. This Agreement contains the entire agreementbetween the Parties with respect to the subject matter hereof and supersedes all prior agreements, written or oral, with respect thereto. c. Waiver and
...Amendments. This Agreement may be amended, modified,superseded, canceled, renewed or extended, and the terms and conditions hereof may be waived, only by a written instrument signed by the Parties or, in the case of a waiver, by the Party waiving compliance. No delay on the part of any Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any right, power or privilege hereunder, nor any single or partial exercise of any right, power or privilege hereunder, preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder d. Notices. Any notice or other communication required or which may begiven hereunder shall be in writing and shall be delivered personally, telegraphed, telexed, sent by facsimile transmission or sent by certified, registered or express mail, postage prepaid or overnight mail and shall be deemed given when so delivered personally, telegraphed, telexed, or sent by facsimile transmission or, if mailed, four (4) days after the date of mailing or one (1) day after overnight mail, as follows: i. If the Company, to:Blue Bird Corporation3920 Arkwright RoadMacon, GA 31210Attention: Legal Department ii. If the Employee, to the Employee's home address reflected in the Company's records. Exhibit 10.4 e. Governing Law. This Agreement shall be governed and construed inaccordance with the laws of the State of Georgia applicable to agreements made and not to be performed entirely 'within such state, without regard to conflicts of laws principles. f. Dispute Resolution and Venue. The Parties agree irrevocably to submit to the exclusive jurisdiction of the federal courts or, if no federal jurisdiction exists, the state courts, located in Macon, Georgia, for the purposes of any suit, action or other proceeding brought by any Party arising out of any breach of any of the provisions of this Agreement and hereby waive, and agree not to assert by way of motion, as a defense or otherwise, in any such suit, action, or proceeding, any claim that it is not personally subject to the jurisdiction of the above-named courts, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper, or that the provisions of this Agreement may not be enforced in or by such courts. In addition, the Parties agree to the waiver of a jury trial. g. Assignability by the Company and the Employee. This Agreement, and the rights and obligations hereunder, may not be assigned by the Company or the Employee without written consent signed by the other Party; provided that the Company may assign the Agreement to any successor that continues the business of the Company. h. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. i. Headings. The headings in this Agreement are for convenience of reference only and shall not limit or otherwise affect the meaning of terms contained herein. j. Survival Sections 7, 8, 9, 10 and 11 of this Agreement shall survive after the Term.
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Miscellaneous. a. No Right to Employment. This Agreement does not create for the Employee any employment right. This Agreement is not a contract of employment and does not alter the employment at-will relationship. Either Party may terminate the employment relationship at any time for any reason. b. Entire Agreement. This Agreement contains the entire
agreementbetween agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements, written or oral, with respect there
...to. c. Waiver and Amendments. This Agreement may be amended, modified,superseded, modified, superseded, canceled, renewed or extended, and the terms and conditions hereof may be waived, only by a written instrument signed by the Parties or, in the case of a waiver, by the Party waiving compliance. No delay on the part of any Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any right, power or privilege hereunder, nor any single or partial exercise of any right, power or privilege hereunder, preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder hereunder. d. Notices. Any notice or other communication required or which may begiven be given hereunder shall be in writing and shall be delivered personally, telegraphed, telexed, sent by facsimile transmission or sent by certified, registered or express mail, postage prepaid or overnight mail and shall be deemed given when so delivered personally, telegraphed, telexed, or sent by facsimile transmission or, if mailed, four (4) days after the date of mailing or one (1) day after overnight mail, as follows: i. If the Company, to:Blue Bird Corporation3920 Arkwright RoadMacon, GA 31210Attention: Legal Department to: School Bus Holdings, Inc. c/o Cerberus Capital Management L.P. 299 Park Avenue New York, NY 10171 Attention: Dev Kapadia Telephone: (212) 891-2100 Fax: (212) 909-1409 -7- With copies to: Schulte Roth & Zabel LLP 919 Third Avenue New York, NY 10022 Attention: Richard A. Presutti, Esq. Telephone: (212) 756-2000 Fax: (212) 593-5955 ii. If the Employee, to the Employee's home address reflected in the Company's records. Exhibit 10.4 e. Governing Law. This Agreement shall be governed and construed inaccordance in accordance with the laws of the State of Georgia New York applicable to agreements made and not to be performed entirely 'within within such state, without regard to conflicts of laws principles. f. Dispute Resolution and Venue. The Parties agree irrevocably to submit to the exclusive jurisdiction of the federal courts or, if no federal jurisdiction exists, the state courts, located in Macon, Georgia, the City of New York, Borough of Manhattan, for the purposes of any suit, action or other proceeding brought by any Party arising out of any breach of any of the provisions of this Agreement and hereby waive, and agree not to assert by way of motion, as a defense or otherwise, in any such suit, action, or proceeding, any claim that it is not personally subject to the jurisdiction of the above-named courts, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, suit , action or proceeding is improper, or that the provisions of this Agreement may not be enforced in or by such courts. In addition, the Parties agree to the waiver of a jury trial. g. Assignability by the Company and the Employee. i. This Agreement, and the rights and obligations hereunder, may not be assigned by the Company or the Employee without written consent signed by the other Party; provided that the Company may assign the Agreement to any successor that continues the business of the Company. ii. Notwithstanding the foregoing, in the event of a sale of all or substantially all of the business or assets of the Company by way of merger, share purchase, asset purchase or otherwise (a "Transaction"), prior to or in connection with a Transaction, the Company may assign this Agreement to The Traxis Group B.V. or any of its subsidiaries or affiliates. h. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which shall constitute one and und the same instrument. i. Headings. The headings in this Agreement are for convenience of reference only and shall not limit or otherwise affect the meaning of terms contained herein. -8- j. Survival Survival. Sections 7, 8, 9, 10 and 11 of this Agreement shall survive after the Term.
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Miscellaneous. a. No Right to Employment. This Agreement does not create for the Employee any employment right. This Agreement
is Is not a contract of employment and does not alter the employment at-will relationship. Either Party may terminate the employment relationship at any time for any reason. b. Entire Agreement. This Agreement contains the entire
agreementbetween agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements, written or oral, with respect th
...ereto. This Agreement also supersedes in its entirety the agreement between the Company and the Employee dated October 18, 2004 concerning the terms and condition of the Employee's employment. c. Waiver and Amendments. This Agreement may be amended, modified,superseded, modified, superseded, canceled, renewed or extended, and the terms and conditions hereof may be waived, only by a written instrument signed by the Parties or, in the case of a waiver, by the Party waiving compliance. No delay on the part of any Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any right, power or privilege hereunder, nor any single or partial exercise of any right, power or privilege hereunder, preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder hereunder. d. Notices. Any notice or other communication required or which may begiven be given hereunder shall be in writing and shall be delivered personally, telegraphed, telexed, sent by facsimile transmission or sent by certified, registered or express mail, postage prepaid or overnight mail and shall be deemed given when so delivered personally, telegraphed, telexed, or sent by facsimile transmission or, if mailed, four (4) days after the date of mailing or one (1) day after overnight mail, as follows: follows; i. If the Company, to:Blue to: Blue Bird Corporation3920 Arkwright RoadMacon, GA 31210Attention: Legal Department Corporation c/o Cerberus Capital Management L.P. 299 Park Avenue New York, NY 10171 Attention: Dev Kapadia Telephone: (212) 891-2100 Fax: (212) 909-1409 -7- With copies to: Schulte Roth & Zabel LLP 9l9 Third Avenue New York, NY 10022 Attention: Richard A. Presutti, Esq. Telephone: (212) 756-2000 Fax: (212) 593-5955 ii. If the Employee, to the Employee's home address reflected in the Company's records. Exhibit 10.4 e. Governing Law. This Agreement shall be governed and construed inaccordance in accordance with the laws of the State of Georgia New York applicable to agreements made and not to be performed entirely 'within within such state, without regard to conflicts of laws principles. f. Dispute Resolution and Venue. The Parties agree irrevocably to submit to the exclusive jurisdiction of the federal courts or, if no federal jurisdiction exists, the state courts, located in Macon, Georgia, the City of New York, Borough of Manhattan, for the purposes of any suit, action or other proceeding brought by any Party arising out of any breach of any of the provisions of this Agreement and hereby waive, and agree not to assert by way of motion, as a defense or otherwise, in any such suit, action, or proceeding, any claim that it is not personally subject to the jurisdiction of the above-named courts, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper, or that the provisions of this Agreement may not be enforced in or by such courts. In addition, the Parties agree to the waiver of a jury trial. g. Assignability by the Company and the Employee. This Agreement, and the rights and obligations hereunder, may not be assigned by the Company or the Employee without written consent signed by the other Party; provided that the Company may assign the Agreement to any successor that continues the business of the Company. h. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. i. Headings. The headings in this Agreement are for convenience of reference only and shall not limit or otherwise affect the meaning of terms contained herein. j. Survival Survival. Sections 7, 8, 9, 10 and 11 of this Agreement shall survive after the Term.
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Miscellaneous. a. No Right to Employment. This Agreement does not create for the Employee any employment right. This Agreement is not a contract of employment and does not alter the employment at-will relationship. Either Party may terminate the employment relationship at any time for any reason. b. Entire Agreement. This Agreement contains the entire
agreementbetween agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements, written or oral, with respect there
...to. c. Waiver and Amendments. This Agreement may be amended, modified,superseded, modified, superseded, canceled, renewed or extended, and the terms and conditions hereof may be waived, only by a written instrument signed by the Parties or, in the case of a waiver, by the Party waiving compliance. No delay on the part of any Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any right, power or privilege hereunder, nor any single or partial exercise of any right, power or privilege hereunder, preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder hereunder. d. Notices. Any notice or other communication required or which may begiven be given hereunder shall be in writing and shall be delivered personally, telegraphed, telexed, sent by facsimile transmission or sent by certified, registered or express mail, postage prepaid or overnight mail and shall be deemed given when so delivered personally, telegraphed, telexed, or sent by facsimile transmission or, if mailed, four (4) days after the date of mailing or one (1) day after overnight mail, as follows: i. If the Company, to:Blue to: Blue Bird Corporation3920 Arkwright RoadMacon, Corporation 402 Blue Bird Boulevard Fort Valley, GA 31210Attention: Legal Department 31030 Attention: Mike McCurdy Telephone: (478) 822-2008 Fax: (478) 822-2427 -7- ii. If the Employee, to the Employee's home address reflected in the Company's records. Exhibit 10.4 e. Governing Law. This Agreement shall be governed and construed inaccordance in accordance with the laws of the State of Georgia applicable to agreements made and not to be performed entirely 'within within such state, without regard to conflicts of laws principles. f. Dispute Resolution and Venue. The Parties agree irrevocably to submit to the exclusive jurisdiction of the federal courts or, if no federal jurisdiction exists, the state courts, located in Macon, Georgia, for the purposes of any suit, action or other proceeding brought by any Party arising out of any breach of any of the provisions of this Agreement and hereby waive, and agree not to assert by way of motion, as a defense or otherwise, in any such suit, action, or proceeding, any claim that it is not personally subject to the jurisdiction of the above-named courts, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper, or that the provisions of this Agreement may not be enforced in or by such courts. In addition, the Parties agree to the waiver of a jury trial. g. Assignability by the Company and the Employee. This Agreement, and the rights and obligations hereunder, may not be assigned by the Company or the Employee without written consent signed by the other Party; provided that the Company may assign the Agreement to any successor that continues the business of the Company. h. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. Instrument. i. Headings. The headings in this Agreement are for convenience of reference only and shall not limit or otherwise affect the meaning of terms contained herein. j. Survival Survival. Sections 7, 8, 9, 10 and 11 of this Agreement shall survive after the Term.
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Miscellaneous.
Exhibit 10.1 a. No Right to Employment. This Agreement does not create for the Employee any employment right. This Agreement is not a contract of employment and does not alter the employment at-will relationship. Either Party may terminate the employment relationship at any time for any reason. b. Entire Agreement. This Agreement contains the entire agreementbetween the Parties with respect to the subject matter hereof and supersedes all prior agreements, written or oral, with respect thereto. c
.... Waiver and Amendments. This Agreement may be amended, modified,superseded, canceled, renewed or extended, and the terms and conditions hereof may be waived, only by a written instrument signed by the Parties or, in the case of a waiver, by the Party waiving compliance. No delay on the part of any Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any right, power or privilege hereunder, nor any single or partial exercise of any right, power or privilege hereunder, preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder d. Notices. Any notice or other communication required or which may begiven hereunder shall be in writing and shall be delivered personally, telegraphed, telexed, sent by facsimile transmission or sent by certified, registered or express mail, postage prepaid or overnight mail and shall be deemed given when so delivered personally, telegraphed, telexed, or sent by facsimile transmission or, if mailed, four (4) days after the date of mailing or one (1) day after overnight mail, as follows: i. If the Company, to:Blue Bird Corporation3920 Arkwright RoadMacon, Corporation402 Blue Bird BoulevardFort Valley, GA 31210Attention: Legal Department 31030Attention: Mike McCurdyTelephone: (478) 822-2008Fax: (478) 822-2427 ii. If the Employee, to the Employee's home address reflected in the Company's records. Exhibit 10.4 e. Governing Law. This Agreement shall be governed and construed inaccordance with the laws of the State of Georgia applicable to agreements made and not to be performed entirely 'within such state, without regard to conflicts of laws principles. f. Dispute Resolution and Venue. The Parties agree irrevocably to submit to the exclusive jurisdiction of the federal courts or, if no federal jurisdiction exists, the state courts, located in Macon, Georgia, for the purposes of any suit, action or other proceeding brought by any Party arising out of any breach of any of the provisions of this Agreement and hereby waive, and agree not to assert by way of motion, as a defense or otherwise, in any such suit, action, or proceeding, any claim that it is not personally subject to the jurisdiction of the above-named courts, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper, or that the provisions of this Agreement may not be enforced in or by such courts. In addition, the Parties agree to the waiver of a jury trial. g. Assignability by the Company and the Employee. This Agreement, and the rights and obligations hereunder, may not be assigned by the Company or the Employee without written consent signed by the other Party; provided that the Company may assign the Agreement to any successor that continues the business of the Company. h. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. Exhibit 10.1 i. Headings. The headings in this Agreement are for convenience of reference only and shall not limit or otherwise affect the meaning of terms contained herein. j. Survival Sections 7, 8, 9, 10 and 11 of this Agreement shall survive after the Term.
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