Common use of Specific Consideration Clause in Contracts

Specific Consideration. In exchange for the release provided hereunder and other good and valuable consideration, and upon the execution of this Release, Employee shall be paid in accordance with that certain Executive Severance Agreement between Employee and the Company (or the Company’s predecessor) dated , 2005 (“Severance Agreement”), which payment includes all amounts, if any, which are owed to Employee pursuant to any agreement, plan or policy of the Company arising from a “Change of Control” of the Company, as defined in the Severance Agreement, if such amount has not been previously paid to Employee. Employee agrees that no further amount is or shall be due or claimed to be due from the Company and/or from any other person or entity released in paragraph 3 below except for any post-termination payment amounts owed to Employee pursuant to employee benefit plans qualified under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), pursuant to the applicable requirements of Part 6 of Subtitle B of Title I of ERISA and Section 4980B of the Internal Revenue Code of 1986, as amended (“COBRA”), or any payments to or rights of Employee hereunder or under the Employee’s Supplemental Executive Retirement Plan dated April 15, 2003, the Employee’s Supplemental Executive Retirement Plan dated December 31, 2004, the 1999 Phantom Stock Plan, the Euramax International, Inc. 2003 Equity Compensation Plan (the “Equity Plan”) (or underlying agreements), the Restricted Stock Agreement pursuant to the Equity Plan, the Euramax International, Inc. 2005 Retention Bonus Program or any shareholder agreement relating to Euramax International, Inc. to which Employee is a party or any rights Employee may have pursuant to any indemnification provided by Euramax International, Inc. (such payments or rights set forth in this paragraph, collectively, the “Surviving Obligations”)

Specific Consideration. In exchange for the release provided hereunder and other good and valuable consideration, and upon the execution of this Release, Employee shall be paid in accordance with that certain Executive Severance Agreement between Employee and the Company (or the Company’s predecessor) dated , 2005 (“Severance Agreement”), which payment includes all amounts, if any, which are owed to Employee pursuant to any agreement, plan or policy of the Company arising from a “Change of Control” of the Company, as defined in the Severance Agreement, if such amount has not been previously paid to Employee. Employee agrees that no further amount is or shall be due or claimed to be due from the Company and/or from any other person or entity released in paragraph 3 below except for any post-termination payment amounts owed to Employee pursuant to employee benefit plans qualified under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), or pursuant to the applicable requirements of Part 6 of Subtitle B of Title I of ERISA and Section 4980B of the Internal Revenue Code of 1986, as amended (“COBRA”), or any payments to or rights of Employee hereunder or under the Employee’s Supplemental Executive Retirement Plan dated April 15, 2003, the Employee’s Supplemental Executive Retirement Plan dated December 31, 2004, the 1999 Phantom Stock Plan, the Euramax International, Inc. 2003 Equity Compensation Plan (the “Equity Plan”) (or underlying agreements), the Restricted Stock Agreement pursuant to the Equity Plan, the Euramax International, Inc. 2005 Retention Bonus Program or any shareholder agreement relating to Euramax International, Inc. to which Employee is a party party, or any rights Employee may have pursuant to any indemnification provided by Euramax International, Inc. (such payments or rights set forth in this paragraph, collectively, paragraph collectively the “Surviving Obligations”).