EX-10.18 4 exh10_18.txt C.W. GILLULY SEPARATION AGREEMENT AND RELEASE This Separation Agreement and Release ("Separation Agreement"), dated this June 12th, 2003, shall be effective as of June 30th, 2003 (the "Effective Date"), by and between Comtex News Network, Inc. (the "Employer") and C. W. Gilluly (the "Employee"). WHEREAS, Employee is employed by the Employer and holds the title of Vice Chairman of the Board of Directors, an officer position with Employer; and WHEREAS, the Employee has elected to resign as an employee and Vice Chairman of the Board of Directors, effective as of June 30, 2003; NOW, THEREFORE, in consideration of the promises herein stated and other good and valuable consideration, the receipt and adequacy of which is acknowledged by each of the parties and who intend to be legally bound by this Separation Agreement, the parties state and agree as follows: 1. Termination of Employment. The parties hereto mutually agree that the Employee's employment shall be terminated as of the effective date hereof. Employee further agrees to resign as Vice Chairman of the Board of Directors as of the effective date hereof. 2. Effect of Termination. It is agreed that a severance payment of $26,777.00 is payable by Employer to Employee, at such time and in such installments as determined in the sole discretion of the Employer, but no later than June 30, 2007. Employee shall also be entitled to elect continuing health care coverage under Employer's health plan, at Employee's expense, subject to the requirements of Title X of the Consolidated Omnibus Budget Reconciliation Act of 1985, Internal Revenue Code section 4980B, and subsequent legislation ("COBRA"). The parties hereto hereby waive and release each other from any and all causes of actions, debts, claims and liabilities, whether known or unknown, which either party now has or may have in the future against the other, except as otherwise provided herein. 3. No Effect on Board Position. This Separation Agreement is not intended and shall not be construed as a termination by Employee of his position as a member of the Board of Directors of Employer and Employee shall remain a member of the Board of Directors of employer for his duly elected term. 4. Counterparts. This Separation Agreement may be executed in one or more counterparts, each of which shall be deemed to constitute an original. 5. Governing Law. This Separation Agreement shall be governed by, and interpreted in accordance with, the laws of the Commonwealth of Virginia, without regard to the conflict of law principles thereof. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed on this 12th day of June 2003, in counterparts, with an Effective Date as defined hereinabove. COMTEX NEWS NETWORK, INC. Date: June 12, 2003 By:/S/ STEVE ELLIS ---------------------------- Steve Ellis, Chairman of the Board Acting on Behalf of the Board of Directors Date: June 12, 2003 EMPLOYEE By:/S/ C.W. GILLULY ---------------------------- C. W. Gilluly