Exhibit 10.1
or (iii) due to your death or Disability if, and only if, in the case of any termination pursuant to clauses (i), (ii) and (iii), other than in the case of your death, you execute a general release agreement, substantially in the form included in the Employment Agreement (with such amendments that may be necessary to ensure the release is enforceable to the fullest extent permissible under then applicable law), within twenty-one days following the termination of your employment with Norwegian and you not revoking such release (the “Release”). For the sake of clarity, a termination of employment (other than in the case of death) will not be a Qualifying Termination if you do not execute, or if you revoke, the Release, in which case you will be required to repay the Starting Bonus, as applicable, within ten business days after the expiration of the twenty-one-day period. Except as modified pursuant to this Amendment, the Employment Agreement shall remain in full force and effect. On and after the date hereof, each reference in the Employment Agreement to “this Agreement,” “herein,” “hereof,” “hereunder” or words of similar import shall mean and be a reference to the Employment Agreement as amended hereby. To the extent that a provision of this Amendment conflicts with or differs from a provision of the Employment Agreement, such provision of this Amendment shall prevail and govern for all purposes and in all respects. To the extent possible, this Amendment is to be construed and interpreted in accordance with, and to avoid any tax, penalty, or interest under, Section 409A and 457A of the Code. This Amendment may be executed in several counterparts, each of which shall be deemed to be an original but all of which together will constitute one and the same instrument. This Amendment shall become binding when one or more counterparts hereof, individually or taken together, shall bear the signatures of all of the parties reflected hereon as the signatories. Photographic copies of such signed counterparts may be used in lieu of the originals for any purpose. (Signature Page to Follow) |
Sincerely, NCL (Bahamas) Ltd. /s/ Lynn White By: Lynn White Executive Vice President, Chief People Excellence Officer Agreed and accepted by: /s/ Marc Kazlauskas Marc Kazlauskas |