This excerpt taken from the EVOL 8-K filed Jan 3, 2008.
Disability for purposes of this severance provision shall mean a physical or mental infirmity which impairs your ability to substantially perform your duties with the Company for a period of one hundred eighty (180) consecutive days, provided that you have not returned to full-time employment prior to the date of your termination of employment.
This excerpt taken from the EVOL 8-K filed Dec 29, 2005.
Disability shall mean a physical or mental impairment that substantially limits a major life activity, other than on a temporary basis, which prevents you from performing the essential functions of your job for any period, and for which no reasonable accommodation can be made. As an officer of the Company, you are considered a key employee under the Family and Medical Leave Act (FMLA). As such, you will be provided a reasonable opportunity to return to work from any FMLA leave. However, the possibility exists that restoration to employment may be denied following FMLA leave if the Company, in its sole discretion, determines that your position is critical and must be filled.
3) In exchange for the severance payment described in this Section II, the Company will require that you execute a Separation Agreement, in which you release all claims against the Company arising out of your employment or termination of your employment. In addition, the Separation Agreement will provide that during the period of time during which you receive severance payments you will refrain from (a) soliciting Evolving Systems employees to leave the employ of the Company; (b) interfering with the relationship of the Company with any such employees, including, but not limited to, hiring such employees; (c) targeting or soliciting customers of the Company to purchase products or services in competition with the Companys products or services or to terminate a relationship with the Company and (d) competing directly or indirectly with the Company as is described in the Management Change in Control Agreement.
4) Severance payments will be paid in equal installments, in the Companys normal payroll cycle, over the applicable severance period. (The Company reserves the right to modify this provision to comply with the provisions of the American Jobs Creation Act.) Under no circumstances will the Company be obligated to pay any amounts to you under this Section II if your employment has been terminated by the Company for Cause, Disability or death.
5) The severance provisions of this 2006 Compensation Plan are not intended to apply in the event of a Change in Control, as defined in the Management Change in Control Agreement. Accordingly, if severance described in this Plan is paid, and the Management Change in Control Agreement is subsequently triggered, payments made under this Plan shall be credited against, and shall NOT be in addition to, amounts paid under the Change In Control Agreement.