{"id":39644,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/employment-agreement-the-street-com-inc-and-james-cramer.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"employment-agreement-the-street-com-inc-and-james-cramer","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/compensation\/employment-agreement-the-street-com-inc-and-james-cramer.html","title":{"rendered":"Employment Agreement &#8211; The Street.com Inc. and James Cramer"},"content":{"rendered":"<pre>\n                             EMPLOYMENT AGREEMENT\n\n         EMPLOYMENT AGREEMENT, dated as of February 22, 1999 (the \"Employment\nAgreement\"), by and between The Street.Com, Inc., a Delaware corporation (the\n\"Company\"), and James Cramer (\"Cramer\").\n\n         WHEREAS, Cramer has been employed by the Company pursuant to an\nemployment agreement dated May 7, 1998 (the \"Prior Agreement\");\n\n         WHEREAS, the Company and Cramer wish to supersede the Prior Agreement\nwith this Employment Agreement.\n\n         NOW, THEREFORE, the parties hereto agree as follows:\n\n         Section 1. Duties.\n\n         (a) The Company hereby appoints Cramer, and Cramer hereby accepts the\nappointment, as an outside columnist for the Company. This Employment Agreement\nshall commence on February 22, 1999 (the \"Commencement Date\"), and shall expire\non February 21, 2003, unless sooner terminated in accordance with Section 4\nthereof (the \"Term\"). During the Term, except during any week when Cramer is on\nvacation as set forth in Section 2(c) hereof, Cramer will author no fewer than\ntwelve (12) articles per week intended for publication in The Street.Com. The\nCompany agrees that, during the Term, it shall include an appropriate reference\nto Cramer (e.g. the current reference to \"Cramer's Latest\") on the home page of\nits web-site. During the Term, the Company agrees to provide an assistant for\nCramer, who shall be an employee of the Company, and who shall be subject to all\nlaws, rules, regulations and policies, including The Street.Com's Securities\nInvestment Policy (the \"Securities Policy\"), as are applicable to employees of\nthe Company, and shall be located at the Company's offices. For purposes of the\nSecurities Policy, Cramer's assistant shall be subject to the trading\nrestrictions applicable to \"Editorial Staffers,\" notwithstanding the fact that\nsuch assistant shall perform only duties associated with the designation of\n\"Business Staffer\" under the Policy.\n\n         (b) Cramer agrees to perform faithfully the duties assigned to him\npursuant to this Employment Agreement to the best of his abilities. In\nconnection with the preparation of articles during the Term, Cramer shall\ncommunicate solely with the Company's Editor-in-Chief or his or her designee.\nCramer shall be permitted to provide editorial advice and commentary to the\nEditor-in-Chief or his or her\n\n\n\n\n\n\ndesignee in a manner consistent with the Securities Policy, but shall not be\npermitted to communicate with individual reporters or other editors of the\nCompany with regard to the Company's editorial content. During the Term, Cramer\nmust comply with all laws applicable to the Company's employees, as well as, to\nthe extent provided herein, the Securities Policy. For purposes of the\nSecurities Policy, Cramer shall be deemed an \"Outside Columnist\" as that term is\ndefined in such Policy, and shall be subject only to the restrictions in the\nPolicy which pertain to Outside Columnists. Cramer represents and acknowledges\nthat he has reviewed a draft of the Securities Policy, and in particular those\nprovisions which pertain to Outside Columnists, as of January 19, 1999 (the\nDraft Securities Policy\"), and has reviewed draft provisions regarding\ndisclosures as of the date of this Agreement (the \"Draft Disclosure\nProvisions\"), and agrees that he shall be obligated to comply with any\nprovisions of the Securities Policy which pertain to Outside Columnists,\nincluding those pertaining to disclosure, as they may be implemented or amended\nfrom time to time throughout the Term, provided, however, that if the Securities\nPolicy and\/or disclosure provisions implemented or amended by the Company\nduring the Term differ from the Draft Securities Policy or Draft Disclosure\nProvisions in any way which Cramer believes, in his sole discretion, will have a\nmaterially adverse effect on Cramer's outside business activities on behalf of\nCramer Berkowitz &amp; Co. and its affiliates, then Cramer shall be entitled to\nvoluntarily resign with out Good Reason as set forth in Section 4(a) hereof, and\nsuch resignation shall not be considered a breach of this Agreement.\n\n         (c) Subject to Cramer's personal and professional availability, and\nconsistent with past practice, during the Term Cramer also agrees to provide\nother reasonable services upon reasonable advance notice from the Company's\nEditor-in-Chief, including, without limitation, participation in the Company's\ninteractive chat rooms on its web-site and those on America Online, Inc. and\nYahoo! Inc. and any other web-sites established by the Company acting alone or\ntogether with a business partner. The above activities may include streaming\naudio to the Company's web-site, and any other web-sites established by the\nCompany acting alone or together with a business partner. The Company expressly\nacknowledges, however, that Cramer shall not be required to perform any of the\nservices set forth in this Section 2(c) if performance of such services would\nunreasonably interfere with any of Cramer's outside activities, including,\nwithout limitation, Cramer's activities on behalf of Cramer Berkowitz &amp; Co. and\nits affiliates. The parties agree that Cramer's participation in radio and\ntelevision programs developed by the Company will be the subject of a separate\nagreement.\n\n                                        2\n\n\n\n\n         (d) The Company agrees that Cramer shall render his services to the\nCompany hereunder on a non-exclusive basis, provided, however, that Cramer\ncovenants that during the Term he shall not be under or subject to any\ncontractual restriction that is inconsistent with the performance of his duties\nhereunder. In this regard, without limiting the generality of the foregoing, the\nCompany acknowledges and agrees that, notwithstanding the services Cramer shall\nprovide hereunder, Cramer (a) shall be entitled to engage, and will continue to\nengage, in other journalistic, writing and media endeavors, including, without\nlimitation, writing for magazines, television appearances, the writing of books,\nand, subject to the restriction in Section 5(a) hereof, various other on-line\nmedia projects, provided that in the event Cramer does accept such engagements,\nhe shall use reasonable efforts to ensure that the byline for any articles he\nauthors, and the comparable on air indication for nonprint media, refer to\nCramer an an Outside Columnist for the Company; and (b) shall be entitled to\nengage, and will continue to engage, in extensive investing and trading in\nsecurities, rights and options relating thereto and contracts in stock indexes,\nforeign currencies and financial instruments (collectively, \"Securities\nActivities\") on behalf of Cramer Partners, L.P., a privately held limited\npartnership engaged in extensive Securities Activities (the \"Partnership\");\nCramer Capital Corporation, the general partner of the Partnership and a\ncorporation of which Cramer is the president and Cramer's wife and Cramer are\nthe sole stockholders; and other entities. Further, the Company acknowledges and\nagrees that Cramer shall be entitled to engage, and will continue to engage, in\nSecurities Activities on behalf of other persons or entities (including Cramer\nand members of his family) and that Cramer's wife will also engage in extensive\nSecurities Activities. (All such Securities Activities that the Partnership,\nCramer's wife, Cramer's affiliates or Cramer may engage in from time to time are\ncollectively referred to herein as the \"Relevant Securities Activities.\") In\nconnection with the foregoing, the Company further acknowledges and agrees that:\n\n               (i) The Relevant Securities Activities will often involve the\nPartnership's and\/or Cramer's beneficial ownership in and\/or trading of\nsecurities or other financial instruments that are the subject of, or otherwise\nmentioned, referred to or discussed in, articles written by Cramer for the\nCompany, and that the Relevant Securities Activities involving such securities\nor other financial instruments may occur at any time before or after the\npublication date of an issue of any article on The Street.Com in which such\nsecurities or other financial instruments are mentioned, referred to or\notherwise discussed by Cramer in such article.\n\n                                       3\n\n\n\n\n               (ii) Cramer shall not have access to articles written for the\nCompany by other writers, or information regarding such articles, prior to\npublication, except for articles that Cramer is writing or projects in which\nCramer is involved. Furthermore, the Company will endeavor to keep Cramer\nunaware, in any and all of his capacities, of the final content or publication\nschedule of articles, columns or other writings scheduled for publication on The\nStreet.Com that cover or discuss publicly traded securities other than the\narticles or columns or other written materials prepared by Cramer for\npublication in The Street. Com.\n\n               (iii) Notwithstanding any policy of the Company to the contrary,\nthe Relevant Securities Activities, insofar as they are conducted in a manner\nthat does not violate the express provisions of the Securities Policy and\napplicable law, will not be deemed to in any way violate or breach any other\nprocedures, policies or practicies of the Company now or hereafter in effect\nwith respect to Cramer, including, but not limited to, any other conflict of\ninterest rules or securities trading policies or other rules or procedures that\notherwise may apply to writers for the Company regarding their rights to engage\nin the trading of securities or other Relevant Securities Activities, and\nfurther, that any such policies shall not be applicable to Cramer in connection\nwith his services hereunder.\n\n               (iv) Provided Cramer is not in material breach of any of his\nobligations hereunder, including any obligation under applicable law, and\nwithout limiting the express provisions of this Agreement, the Company\nirrevocably waives and releases Cramer, his affiliates and members of his\nimmediate family from any duty, fiduciary or otherwise, that Cramer or any of\nthem may owe, or be deemed to owe, the Company that may in any way prohibits or\nlimit the Relevant Securities Activities, insofar as they involve the trading\nand\/or ownership of securities or other financial instruments that are the\nsubject of or are otherwise referred to or discussed in the articles prepared by\nCramer pursuant to this Agreement, and acknowledges and agrees that such\nRelevant Securities Activities do not, and will not, constitute a\nmisappropriation of the Company's property or a breach of any fiduciary or other\nduty Cramer may owe the Company hereunder.\n\n               (v) The Company warrants and agrees that each of the articles \nprepared by Cramer and published by the Company shall provide appropriate\ndisclosure relating to the Relevant Securities Activities, as set forth in the\nSecurities Policy. The Company further agrees that it shall not disclose any\ninformation regarding securities positions provided by Cramer to the Company\npursuant to the Securities Policy to anyone other than that Company's senior\nmanagement and\n\n                                       4\n\n\n\n\nsenior editorial staff, or its legal advisers, on a confidential, \"need to know\"\nbasis, or as required by any court of competent jurisdiction or other federal or\nstate governmental or regulatory authority.\n\n         (f) The Company agrees, to the extent permitted by applicable law, to\ndefend, indemnify and hold harmless Cramer against any and all loss, damage,\nliability and expense, including, without limitation, reasonable attorneys'\nfees, disbursements, court costs, and any amounts paid in settlement and the\ncosts and expenses of enforcing this Section of this Agreement, which may be\nsuffered or incurred by Cramer in connection with the provision of his services\nhereunder, including, without limitation, any claims, litigations, disputes,\nactions, investigations or other matters relating to any securities laws or\nregulations, or the violation or alleged violation thereof (the \"Securities\nActions\"), provided that such loss, damage, liability and expense (i) arises out\nof or in connection with the performance by Cramer of his obligations under this\nAgreement and (ii) is not the result of any breach by Cramer of his obligations\nhereunder, and provided further that, with respect to any Securities Actions,\nthe Company shall be under no obligation to defind, indemnify or hold harmless\nCramer if Cramer has not acted with a reasonable, good faith belief that his\nactions were in no way violative of any securities laws or regulations. With\nrespect thereto, the termination of any action, suit or proceeding by judgment,\norder, settlement, conviction, or upon a nolo contendere plea or its equivalent,\nshall not, of itself, create a presumption that Cramer did not act with a\nreasonable, good faith belief that his actions were in no way violative of any\nsecurities laws or regulations. further, to the extent that Cramer has been\nsuccessful on the merits or otherwise in defense of any Securities Action, or in\ndefense of any claim, issue or matter therein, he shall be defended, indemnified\nand held harmless by the Company as required herein. Expenses (including\nreasonable attorneys' fees, disbursements and court costs) incurred by Cramer in\ndefending any Securities Action shall be paid by the Company in advance of the\nfinal disposition of such Securities Action upon receipt of an undertaking by or\non behalf of Cramer to repay such amount if it shall ultimately be determined\nthat Cramer is not entitled to be indemnified by the Company pursuant hereto.\n\n         Section 2. Compensation.\n\n         (a) Salary. During the Term, as compensation for his services\nhereunder, the Company shall pay to Cramer a salary of Two Hundred Fifty\nThousand Dollars ($250,000) per annum (the \"Annual Salary\"), payable in\naccordance with the Company's standard payroll policies, provided that on each\n\n                                       5\n\n\n\nanniversary of the Commencement Date, the Annual Salary shall be increased ten\npercent (10%) from its then current rate. All applicable withholding taxes shall\nbe deducted from such payments.\n\n         (b) Stock Options. On May 7, 1998 Cramer was granted a nonqualified\noption to purchase 200,000 shares of the Company's common stock, par value $.01\n(\"Common Stock\") at an exercise price of $.011 per share (the \"Initial Option\"),\nwhich grant shall remain in effect in accordance with the terms of the\nNonqualified Employee Stock Option Agreement Between The Street.Com, Inc. and\nJames Cramer, a copy of which is attached hereto as Exhibit A (the \"Option\nAgreement\"), as well as the Amended and Restated The Street.Com, Inc. 1998 Stock\nIncentive Plan (the \"Plan\"). In addition, as of the date hereof, the Company\nshall grant to Cramer an additional nonqualified option in accordance with the\nterms of the Option Agreement and the Plan.\n\n         (c) Vacation. During each year of the Term, Cramer shall ebntitled to\nfour (4) weeks of paid vacation, provided that Cramer shall not take more than\ntwo (2) weeks of vacation consecutively.\n\n         (d) Benefits. Cramer shall not be eligible to participate in any\nbenefit plans provided by the Company\n\n         Section 3. Expense Reimbursement.\n\n         During the Term, Cramer shall have the right to reimbursement, upon\nproper accounting, of reasonable expenses and disbursements incurred by him in\nthe course of his duties hereunder.\n\n         Section 4. Employment Termination.\n\n         (a) At any time during the Term and except as otherwise provided in\nSections 4(b) and 4(c) hereof, the Company shall only have the right to\nterminate this Employment Agreement and Cramer's employment with the Company\nhereunder, and to give Cramer notice of such termination as of a date not\nearlier than seven (7) days from such notice, because of (i) Cramer's willful\nmisconduct or gross negligence in the performance of his obligations under this\nEmployment Agreement, (ii) dishonesty or misappropriation by Cramer relating to\nthe Company or any of its funds, properties, or other assets, (iii) in excusable\nrepeated or prolonged absence from work by Cramer (other that as a result of, or\nin connection with, a disability), (iv) any intentional or reckless unauthorized\n\n                                        6\n\n\n\n\ndisclosure by Cramer of confidential or proprietary information of the company\nwhich is reasonably likely to result in material harm to the Company, (v) a\nconviction of Cramer (including entry of a guilty or nolo contendere plea) of a\nfelony involving fraud, dishonesty, moral turpitude, or involving a violation of\nfederal or state securities laws, (vi) the entry of an order, judgment or\ndecree, of any court of competent jurisdiction or any federal or state\nauthority, enjoining Cramer from violating the federal securities laws, or\nsuspending or otherwise limiting Cramer's right to act as an investment adviser,\nunderwriter, broker or dealer in securities, (vii) a finding by a court of\ncompetent jurisdiction in a civil action or a finding by the Securities and\nExchange Commission that Cramer has violated any federal or state securities\nlaw, or (vii) the failure by Cramer to perform faithfully his duties hereunder\nor other breach by Cramer of this Employment Agreement and such failure or\nbreach is not cured, to the extent cure is possible, by Cramer within thirty\ndays after written notice thereof from the company to Cramer (each individually,\nand all collectively, \"Cause\"). If this Employment Agreement and Cramer's\nemployment with the Company hereunder is terminated for Cause, or if Cramer\nvoluntarily resigns from the Company without Good Reason, during the Term, the\nCompany shall pay Cramer all earned but unpaid portions of the Annual Salary\nthrough the date of termination, and following any such termination, Cramer\nshall not be entitled to receive any other payment, except as provided for\nhereunder with respect to any period after such termination. \n\n         (b) This Employment Agreement and Cramer's employment with the Company \nhereunder may also be terminated by the Company without Cause, or by Cramer in\nthe event of a material breach of this Agreement by the Company, which is not\ncured, to the extent cure is possible, within thirty days after written notice\nthereof from Cramer to the Company (such breach constituting \"Good Reason\"). In\nthe event that Cramer's employment with the Company shall terminate during the\nTerm on account of termination by the Company without Cause, or by Cramer with\nGood Reason, then the Company shall pay Cramer all earned but unpaid portions of\nthe Annual Salary through the date of termination, and Cramer shall not be\nentitled to receive any other payment, except as provided in the Option\nAgreement, with respect to any period after such termination.\n\n         (c) This Employment Agreement and Cramer's employment with the Company\nhereunder shall terminate immediately and automatically on the death or\nDisability (as defined below) of Cramer or the liquidation or dissolution of the\nCompany or other shutdown of the business then conducted by the Company. If this\nEmployment Agreement and Cramer's employment with the Company hereunder is\n\n                                       7\n\n\n\n\nterminated an account of Cramer's death or Disability, or because of a\nliquidation or dissolution of the Company or other shutdown of the business then\nconducted by the Company, during the Term, then the Company shall pay Cramer all\nearned but unpaid portions of the Annual Salary through the date of termination,\nand following any such termination, neither Cramer, nor his estate, conservator\nor designated beneficiary, as the case may be, shall be entitled to receive any\nother payment, except as provided in the Option Agreement, with respect to any\nperiod after such termination.\n\n         (d) Upon the termination of this Employment Agreement pursuant to\nSection 4 hereof, the Company shall have no further obligations under this\nEmployment Agreement, provided, however, that Sections 5, 6, 7, 8, 9, 10, 11,\n12, 13, 14, 15, 16, 17, 18 and 19 hereof shall survive and remain in full force\nand effect.\n\n         Section 5. Covenant Not to Compete.\n\n         (a) Cramer hereby agrees that, during the period from the Commencement\nDate through the end of the Term, he will not (i) author articles or columns for\nany other on-line financial publication that competes directly with the business\nof the Company as it is then constituted without first notifying the Company and\nsecuring its consent, which consent shall not be unreasonably withheld, and (ii)\nwill not act as a lender to, or stockholder, director, principal, owner, or\npartner of, any other start-up on-line business that completes directly with the\nbusiness of the Company as it is then constituted. The Company understands and\nacknowledges that Cramer is a party to agreements pursuant to which Cramer\nwrites articles for certain print publications, including, without limitation,\nTime and GQ (the \"Other Publications\"), which may subsequently publish Cramer's\narticles on-line on their respective web-sites. The Company agrees that\npublication of Cramer's articles in the manner set forth in the preceding\nsentence shall not constitute a breach of this Section #5.\n\n         (b) Cramer hereby agrees that for a period of eighteen (18) months\nfollowing the cessation of Cramer's employment with the Company hereunder, he\nwill not author articles or columns for any other on-line financial publication\nwith competes directly with the Company without first notifying the Company and\nsecuring its consent, which consent shall not be unreasonably withheld.\n\n         (c) Cramer hereby agrees that, during the period from the Commencement\nDate through the end of the first eighteen (18) months after the cessation of\nCramer's employment with the Company hereunder, he will not solicit for\n\n                                       8\n\n\n\n\nemployment, in any business enterprise or activity, any person who was employed\nby the Company during the Term.\n\n         (d) The parties acknowledge that the restrictions contained in this\nSection 5 are a reasonable and necessary protection of the immediate interests\nof the Company, and any violation of these restrictions would cause substantial\ninjury to the Company and that the Company would not have entered into this\nEmployment Agreement, without receiving the additional consideration offered by\nCramer in binding himself to any of these restrictions. In the event of a breach\nor threatened breach by Cramer of any of these restrictions, the Company shall\nbe entitled to apply to any court of competent jurisdiction for an injunction\nrestraining Cramer from such breach or threatened breach; provided, however,\nthat the right to apply for an injunction shall not be construed as prohibiting\nthe Company from pursuing any other available remedies for such breach or\nthreatened breach.\n\n         Section 6. Confidentiality; Ownership of Articles and Columns.\n\n         (a) Except as otherwise provided in this Employment Agreement, Cramer\nshall, and shall cause his attorneys, accounts and agents (collectively,\n\"Agents\") to agree to, keep secret and retain in strictest confidence, any and\nall confidential information relating to the Company or otherwise not available\nto the general public, provided that such confidential information shall not\ninclude any information that (a) has become generally available to the public\nother than as a result of a disclosure by Cramer or his Agents, or (b) was\navailable to Cramer or any of his Agents on a non-confidential basis from a\nthird party having no obligation of confidentiality to the Company, and Cramer\nshall not, and shall cause his Agents not to, disclose such confidential\ninformation to any Person other than the Company or its Agents, except as may be\nrequired by law (in which event Cramer shall so notify the other party hereto as\npromptly as practicable).\n\n         (b) All articles or columns that Cramer authors for the Company and\nwhich are in face published shall be owned by and belong exclusively to the\nCompany, and Cramer shall execute and deliver to the Company, without additional\ncompensation, such instruments as the Company may require from time to time to\nevidence its ownership of any such articles or columns.\n\n                                       9\n\n\n\n\n         Section 7. No Third Party Beneficiary.\n\n         This Employment Agreement is not intended and shall not be construed to\nconfer any rights or remedies hereunder upon any Person, other than the parties\nhereto or their permitted assigns. \"Person\" shall mean an individual,\ncorporation, partnership, limited liability company, limited liability\npartnership, association, trust or other unincorporated organization or entity.\n\n         Section 8. Withholding of Taxes.\n\n         Any payments to Cramer pursuant to the terms of this Employment\nAgreement shall be reduced by such amounts, if any, as are required to be\nwithheld with respect thereto under all present and future federal, statement\nand local tax laws and regulations and other laws and regulations.\n\n         Section 9. Notices\n\n         Unless otherwise provided herein, any notice, exercise of rights or\nother communication required or permitted to be given hereunder shall be in\nwriting and shall be given by overnight delivery service such as Federal\nExpress, telecopy )or like transmission) or personal delivery against receipt,\nor mailed by registered or certified mail (return receipt requested), to the\nparty to whom it is given at such party's address set forth below such party's\nname on the signature page or such other address as such party may hereafter\nspecify by notice to the other party hereto, with copies to the following:\n\n         For the Company:           David J. Goldschmidt, Esq.\n                                    Skadden, Arps, Slate, Meagher &amp; Flom LLP\n                                    919 Third Avenue\n                                    New York, New York 10022\n\n         For Cramer:                Charles H. Googe, Jr.\n                                    Paul, Weiss, Rifkind, Wharton &amp; Garrison\n                                    1285 Avenue of the Americas\n                                    New York, New York 10019-6064\n\n         Any notice or other communication shall be deemed to have been given as\nof the date so personally delivery or transmitted by telecopy or like\ntransmission or on the next business day when sent by overnight delivery\nservice.\n\n                                       10\n\n\n\n\n         Section 10. Amendment.\n\n         This Employment Agreement may be amended only by a written agreement\nsigned by the parties hereto.\n\n         Section 11. Binding Effect.\n\n         This Employment Agreement is not assignable by Cramer. Any assignment\nin violation of this Employment Agreement shall be null and void ab initio. None\nof Cramer's right under this Employment Agreement shall be subject to any\nencumbrances or the claims of Cramer's creditors. This Employment Agreement\nshall be binding upon and inure to the benefit of the Company and any successor\norganization which shall succeed to substantially all of the business and\nproperty of the Company, whether by merger, consolidation, acquisition of all or\nsubstantially all of the assets of the Company or otherwise, including by\noperation of law.\n\n         Section 12. Governing Law.\n\n         This Employment Agreement shall be governed by and construed in\naccordance with the laws of the State of New York, without regard to its\nconflict of laws provisions.\n\n         Section 13. Severability.\n\n         If any provisions of this Employment Agreement, including those\ncontained in Sections 5 and 6 hereof, shall for any reason be held invalid,\nillegal or unenforceable, the validity, legality and enforceability of the\nremaining provisions hereof shall not be affected or impaired thereby. Moreover,\nif any one or more of the provisions of this Agreement, including those\ncontained in Section 5 and 6 hereof, shall be held to be excessively broad as to\nduration, activity or subject, such provisions shall be construed by limiting\nand reducing them so as to be enforceable to the maximum extent allowable by\napplicable law. To the extent permitted by applicable law, each party hereto\nwaives any provision or law that renders any provision of this Employment\nAgreement invalid, illegal or unenforceable in any way.\n\n                                       13\n\n\n\n         Section 14. Execution in Counterparts.\n\n         This Employment Agreement may be executed in one or more counterparts,\neach of which shall be deemed to be an original and all of which shall\nconstitute one and the same instrument.\n\n         Section 15. Entire Agreement.\n\n         This Employment Agreement sets forth the entire agreement, and\nsupersedes all prior agreements and understandings, both written and oral,\nincluding the Prior Agreement, between the parties with respect to the subject\nmatter hereof.\n\n         Section 16. Titles and Headings.\n\n         Titles and headings to Sections herein are for purposes of references\nonly, and shall in no way limit, define or otherwise affect the meaning or\ninterpretation of any of the provisions of this Employment Agreement.\n\n         Section 17. No Cross-Default\n\n         No default by Cramer under this Employment Agreement shall\nautomatically constitute a default under any other agreement with the Company.\n\n         Section 18. Duty to Mitigate.\n\n         Cramer shall have no duty to mitigate any damages payable by the\nCompany to Cramer hereunder.\n\n         Section 19. Consent to Jurisdiction.\n\n         Cramer hereby irrevocably submits to the jurisdiction of any New York\nState or Federal court sitting in the City of New York in any action or\nproceeding to enforce the provisions of this Agreement, and waives the defense\nof inconvenient forum to the maintenance of any such action or proceedings.\n\n                                       12\n\n\n\n\n         IN WITNESS WHEREOF, the undersigned have executed this Employment\nAgreement as of the date first written above.\n\n\n                                         THE STREET.COM, INC.\n\n                                         By: \/s\/ Kevin W. English\n                                             -------------------------------\n                                         Name:  Kevin W. English\n                                         Title: Chairman, CEO &amp; President\n\n                    \n                                           Address:    2 Rector Street\n                                                       New York, NY 10005\n                                           Telephone:  212-271-4004\n                                           Telecopy:   212-271-4005\n                                           Attention:  Chief Financial Officer\n\n\n\n                                           \/s\/ James Cramer\n                                         ------------------------------------\n                                                    James Cramer\n\n                                           Address:    Cramer, Berkowitz &amp; Co.\n                                                       100 Wall Street\n                                                       Eighth Floor\n                                                       New York, New York 10005\n\n                                           Telephone:  212-742-4480\n                                           Telecopy:   212-425-1773\n\n\n                                       13\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[9045],"corporate_contracts_industries":[9468],"corporate_contracts_types":[9539,9544],"class_list":["post-39644","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-the-streetcom","corporate_contracts_industries-media__other","corporate_contracts_types-compensation","corporate_contracts_types-compensation__employment"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/39644","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=39644"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=39644"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=39644"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=39644"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}