Executive expressly waives all rights afforded by any statute which limits the effect of a release with respect to unknown claims. (e)No Solicitation or Hiring of Employees. Section 9. Mr. Tutor is a Life Trustee of the Board of Trustees of the University of Southern California. Section 24. As Former President and COO at TUTOR PERINI CORP , James A. Executive shall be eligible for other or additional long-term incentives in the sole and absolute discretion of the Compensation Committee and/or the Board. Name. (iii) continued vesting of his outstanding equity awards. The Employer shall be entitled to assume the defense of any such proceeding and Executive will use reasonable efforts to cooperate with such defense. Executive agrees that each of Executives obligations specified in this Agreement is a separate and independent covenant and that the unenforceability of any of them shall not preclude the enforcement of any other covenants in this Agreement. The parties agree and acknowledge that the Agreement, and the settlement and termination of any asserted or unasserted claims against the Company and the Company Parties pursuant to this Release, are not and shall not be construed to be an admission of any violation of any federal, state or local statute or regulation, or of any duty owed by the Company or any of the Company Parties to Executive. The Company's Specialty Contractors segment specializes in electrical, mechanical, plumbing, heating, ventilation, and air conditioning (HVAC) and fire protection systems for a range of civil and building construction projects in the industrial, commercial, hospitality and gaming, and mass-transit end markets. (ii)manner of the Employer's operations, and methods of selling or pricing any products or services; (iii)the identity of persons or entities actually conducting or considering conducting business with the Employer, and any information in any form relating to such persons or entities and their relationship or dealings with the Employer; (iv)any trade secret or confidential information of or concerning any business operation or business relationship; (v)computer databases, software programs and information relating to the nature of the hardware or software and how said hardware or software are used in combination or alone; (vi)information concerning personnel, confidential financial information, customer or customer prospect information, information concerning subscribers, subscriber and customer lists and data, methods and formulas for estimating costs and setting prices, engineering design standards, testing procedures, research results (such as marketing surveys, programming trials or product trials), cost data (such as billing, equipment and programming cost projection models), compensation information and models, business or marketing plans or strategies, deal or business terms, budgets, vendor names, programming operations, product names, information on proposed acquisitions or dispositions, actual performance compared to budgeted performance, long-range plans, internal financial information (including but not limited to financial and operating results for certain offices, divisions, departments, and key market areas that are not disclosed to the public in such form), results of internal analyses, computer programs and programming information, techniques and designs, and trade secrets; (vii)information concerning the Employer's employees, officers, directors and shareholders; and. Such cooperation shall be rendered at reasonable times and places and in a manner that does not unreasonably interfere with any other employment in which Executive may then be engaged. Copyright 2023 Surperformance. 2000e et seq., the Civil Rights Act of 1966, 42 U.S.C. Amendment; Waiver. For purposes of this Change in Control definition, the Employershall include any entity that succeeds to all or substantially all of the business of the Employer and Voting Stock shall mean securities of any class or classes having general voting power under ordinary circumstances, in the absence of contingencies, to elect the directors of a corporation. Executive further agrees that any breach of this Agreement by the Employer prior to the Date of Termination shall not release Executive from compliance with his obligations under this Section 8, so along as the Employer fully complies with Section 10 and Section 12. Executive Vice President, Special Projects on September 30, 2022 until his ANY CHOICE OF LAW OR CONFLICT OF LAW PROVISION OR RULE (WHETHER OF THE STATE OF DELAWARE OR ANY OTHER JURISDICTION) THAT WOULD CAUSE THE APPLICATION OF THE LAW OF ANY JURISDICTION OTHER THAN THE STATE OF DELAWARE. 15901 Olden Street. He originally joined the company's predecessor, Tutor-Saliba, in 1988. President, Investor Relations and Corporate Communicationswww.tutorperini.com. James Frost has been working as a President & Chief Operating Officer & Chief Executive Officer, Civil Group at Tutor Perini for 35 years. Notices. Frost's premiums for continued group health plan and life I have read this Release and have been given adequate opportunity, including 21 days from my initial receipt of this Release, to review this Release and to consult legal counsel prior to my signing of this Release. Tutor Perini Stock Forecast, Price & News (NYSE:TPC) - MarketBeat Executive agrees to identify and return to the Employer any copies of any Confidential Information within Executive's control after Executive ceases to be employed by the Employer. In the event that the parties determine that any such benefit or right does not so comply, they will negotiate reasonably and in good faith to amend the terms of this Agreement such that it complies (in a manner that attempts to minimize the economic impact of such amendment on Executive and the Employer and its affiliates). CityCenter. Frost , the Company's President and Chief Operating Officer and Chief Executive Officer of the Company's Civil Group, will retire from the Company on June 30, 2023. Anna N. Provo, UT. writing and should not in any way be deemed a waiver of the Employer's right to enforce any other requirements or provisions of this Agreement. company offering diversified general contracting and design-build Tutor Perini Announces Accelerate Maryland Partners Will Not Proceed or giving the representations and. Ronald N. Tutor (born 1940/1941) is an American businessman. Section 17. Termination of Executive's employment shall take effect on the Date of Termination. He originally joined the company's predecessor, Tutor-Saliba, in 1988. Prior to joining Fluor, he held audit positions with Ernst & Young and J.P. Stevens and Company. Tutor Perini Corporation is a construction company offering general contracting, construction management, and design-build services to private customers and public agencies across the world. 4. Section 2. The Base Salary shall be paid in substantially equal installments in accordance with the Employer's regular payroll procedures. The decrease was largely due to reduced project execution activities on a transportation project in . LOS ANGELES--(BUSINESS WIRE)-- Tutor Perini Corporation (the "Company") (NYSE: TPC), a leading civil, building and specialty construction company, reported results today for the first quarter of 2023. TUTOR PERINI CORP : Change in Directors or Principal Officers (form 8-K) Section 7. Frost, an individual (Executive). We are an Equal Opportunity Employer (EOE AA M/F/Vet/Disability), Tutor Perini Announces Executive Promotion. William J. Palmer has served as the Executive Vice President, Chief Business Development Officer of Tutor Perini Corporation since July 2020. The Employer and Executive acknowledge and agree that during Executive's employment with the Employer, Executive will have access to and may assist in developing Confidential Information and will occupy a position of trust and confidence with respect to the Employer's affairs and business and the affairs and business of its Affiliates. Section21. Executive will be considered at a level appropriate for his positions with the Employer for participation in the Employers company-wide equity incentive plan, including the potential grant of restricted stock units of the Employer. Tutor Perini Announces Executive Promotion The performance criteria for any particular calendar year shall be established by the Compensation Committee of the Board (the "Compensation Committee") no later than 90 days after the commencement of such calendar year or at such other time as determined by the Compensation Committee. As the Pres and COO & CEO of Civil Group of Tutor Perini Corp, the total compensation of Mr Frost at Tutor Perini Corp is $2,531,017. 2. (iii)A termination of employment shall not be deemed to have occurred for purposes of any provision of this Agreement providing for the payment of any amounts or benefits upon or following a termination of employment unless such termination is also a separation from service within the meaning of Code Section 409A and, for purposes of any such provision of this Agreement, references to a termination, termination of employment or like terms shall mean separation from service.. In that context, and without limiting the generality of the foregoing (but subject to Section 8), each of the parties hereto irrevocably and unconditionally (a) submits for himself or itself in any proceeding relating to this Agreement or Executive's employment by the Employer or any of its Affiliates, or for the recognition and enforcement of any judgment in respect thereof (a "Proceeding"), to the exclusive jurisdiction of the courts of the State of California sitting in Los Angeles, California, the court of the United States District Court for the Central District of California and appellate courts having jurisdiction of appeals from any of the foregoing, and agrees that all claims in respect of any such Proceeding shall be heard and determined in such California State court or, to the extent peg witted by law, in such federal court; (b) consents that any such Proceeding may and shall be brought in such courts and waives any objection that he or it may now or thereafter have to the venue or jurisdiction of any such Proceeding in any such court or that such Proceeding was brought in an inconvenient court and agrees not to plead or claim the same; (c) waives all right to trial by jury in any Proceeding (whether based on contract, tort or otherwise) arising out of or relating to this Agreement or Executive's employment by the Employer or any of its Affiliates, or his or its performance under or the enforcement of this Agreement; (d) agrees that service of process in any such Proceeding may be effected by mailing a copy of such process by registered or certified mail (or any substantially similar form of mail), postage prepaid, to such party at his or its address as provided in Section 14; and (e) agrees that nothing in this Agreement shall affect the right to effect service of process in any other manner permitted by the laws of the State of California. Compensation Upon Termination. Tutor Perini Civil Group | Bus Ex Jack has worked closely with me since the early 1990s, serving as a key Executive will not remove any Confidential Information or any other property of the Employer or any of its Affiliates from the Employer's premises or make copies of such materials except for normal and customary use in the Employer's business. James A. Frost Net Worth (2023) | wallmine subsidize Mr. During the Employment Period, Executive shall be entitled to (i) to participate in all fringe benefits and perquisites made available generally to senior executives of the Employer, such participation to be at levels, and on terms and conditions, that are commensurate with his positions and responsibilities at the Employer, and (ii) to receive such additional fringe benefits and perquisites as the Employer may, in its sole and absolute discretion, from time to time provide. Read More View Contact Info for Free Jack Cooney's Phone Number and Email Last Update 2/24/2023 12:14 PM Email j***@tutorperini.com Engage via Email Contact Number (610) ***-**** Engage via Phone Mobile Number (***) ***-**** Engage via Mobile HQ Phone Frost has served as President and Chief Operating Officer and as a director since February 2015. Frost has served as CEO of Tutor Perini's Civil Group. Tutor Perini Corporation is a leading civil and building construction (d)Other Incentives. insurance coverage for the duration of the Consulting Period. On December 16, 2021, James A. Frost will continue to serve as the Companys President and Chief Operating Officer. In addition, since 2008 Mr. Section and subsection headings contained in this Agreement are inserted for convenience of reference only, shall not be deemed to be a part of this Agreement for any purpose, and shall not in any way define or affect the meaning, construction or scope of any of the provisions hereof. "Non-Compete Period" means the period commencing on the Effective Date and ending 500 days after the expiration of the Employment Period; provided that except for purposes ofSection 8(e), in the event Executives employment is terminated by Employer without Cause or terminated by the Executive for Good Reason the Non-Competition Period shall end on the Date of Termination. Section 11. Mr. TUTOR PERINI CORP : Change in Directors or Principal Officers (form 8-K) Prior to joining Tutor-Saliba, he spent more than four years in active duty military . If the Employer terminates Executive's employment during the Employment Period because of Executive's Disability, the Employer shall pay or provide the following: (i) Executive's Base Salary due through the Date of Termination, (ii) all Accrued Benefits, if any, to which Executive is entitled as of the Date of Termination at the time such payments are due, and (iii) all outstanding equity awards held by Executive immediately prior to his termination shall immediately vest (with outstanding options remaining exercisable for the length of their remaining term). (i)Notwithstanding the timing of the payments pursuant to Section 10 of this Agreement, to the extent Executive would otherwise be entitled to a payment during the six. Subject to any provisions hereof restricting assignment, this Agreement shall be binding upon the parties hereto and shall inure to the benefit of the parties and their respective heirs, devisees, executors, administrators, legal representatives, successors and assigns. Frost has been promoted to the role of strong reputation within our markets by executing large complex projects Confidentiality, Non-Disclosure and Non-Competition Agreement. Mr. Revenue was $776.3 million compared to $952.2 million for the first quarter of last year. Frost has served as CEO of Tutor Perini's Civil Group. these hats as a tutor, there is one in particular that has been the most applicable and the most useful: the Collaborator. Since 2008, Mr. Tutor Perini Location 15901 Olden St, Sylmar, California, 91342, United States Description Tutor Perini Corporation If the Employer terminates Executive's employment during the Employment Period other than for Cause or Disability pursuant to Section 9(a) or if Executive terminates his employment hereunder with Good Reason: (i) the Employer shall pay Executive (A) Executive's Base Salary due through the Date of Termination, (B) a Pro Rata Bonus at the time other executives of the Employer receive annual bonuses for the calendar year in which the Date of Termination occurs, (C) all Accrued Benefits, if any, to which Executive is entitled as of the Date of Termination, in each case at the time such payments are due, and (D) a cash lump sum in an amount equal to one and one-half (1) times the sum of Executive's Base Salary and Target Bonus for the year of termination, (ii) all outstanding equity awards held by Executive immediately prior to his. James Frost Net Worth, Biography, and Insider Trading 151 et seq., and any other claims under any federal, state or local common law, statutory, or regulatory provision, now or hereafter recognized, but not including such claims to payments and other rights provided Executive under the Agreement. Our firm is built to tackle projects like these. Previously, Mr. Smithson led the Building and Specialty Contractors groups since joining Tutor Perini in May 2021. (d) This Release may be executed in separate counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. Executive shall devote Executive's. Frost, a member of the Board of Directors (the Board) of Tutor Perini Corporation (the Company), notified the Company that he was resigning from the Board effective immediately. Tutor Perini Considers Sale Offer - Engineering News-Record Section 6. (b) That he understands the significance of his release of unknown claims and his waiver of statutory protection against a release of unknown claims. (D) there is a vote of a majority of the members of the Board to terminate him for Cause. Frost President/COO Jack A. Frost's continued service with the TUTOR PERINI CORP : Change in Directors or Principal Officers (form 8-K), Tutor Perini Corporation Announces Board Changes, TUTOR PERINI CORPORATION : Annual General Meeting, Industrials Up as Strong Jobs Data Offset Mixed Earnings Reports -- Industrials Roundup, Tutor Perini Corporation Reports Earnings Results for the First Quarter Ended March 31, 2023, Transcript : Tutor Perini Corporation, Q1 2023 Earnings Call, May 04, 2023, TUTOR PERINI CORPORATION : Q1 2023 Earnings Call, Earnings Flash (TPC) TUTOR PERINI CORPORATION Reports Q1 Revenue $804.3M, Tutor Perini Corporation Withdraws Earnings Guidance for the Year 2023, TUTOR PERINI CORPORATION : Q1 2023 Earnings Release, Tutor Perini Unit Awarded $41 Million Electrical Subcontract for Florida Hospital Tower; Shares Rise, US Futures Point Slightly Lower Ahead of Fed Meeting, Economic Data, Tutor Perini Gets $2.95 Billion Contract for NYC Borough-Based Jails System, Brooklyn Facility, Tutor Perini's Subsidiary Black Micro Awarded $222 Million Construction Contract at Tinian International Airport, Mixed Economic Data, Bank Earnings Weighed Amid Higher Exchange-Traded Funds, Equity Futures in Pre-Bell Activity, Tutor Perini Unit Wins $62 Million Bridge Repair Contract From Minnesota Department of Transportation, UBS Adjusts Tutor Perini Price Target to $7 From $8.50, Maintains Neutral Rating, B. Riley Trims Tutor Perini's Price Target to $8 From $10 After Lower-Than-Expected Q4 Results, Reduces Estimates; Keeps Buy Rating, Tutor Perini Shares Drop Thursday After Surprise Q4 Loss, Revenue Below Forecasts, Tutor Perini Swings to Surprise Q4 Loss as Revenue Falls; Shares Drop After Hours, Transcript : Tutor Perini Corporation, Q4 2022 Earnings Call, Mar 15, 2023, TUTOR PERINI CORPORATION : Q4 2022 Earnings Call, Tutor Perini Sets Initial 2023 EPS Guidance at $0.45-$0.65, Earnings Flash (TPC) TUTOR PERINI CORPORATION Posts Q4 Revenue $964.4M, vs. Street Est of $976.2M, Tutor Perini Corporation Provides Earnings Guidance for the Full Year 2023. The initial term of employment under this Agreement shall be through December 31, 2017 commencing on the Effective Date (the "Initial Term"). James Frost - President and Chief Operating Officer @ Tutor Perini During the Transition Period, Mr. Tutor Perini Corporation Announces Board Changes, TUTOR PERINI CORPORATION : Annual General Meeting, Industrials Up as Strong Jobs Data Offset Mixed Earnings Reports -- Industrials Roundup, Tutor Perini Corporation Reports Earnings Results for the First Quarter Ended March 31, 2023, Transcript : Tutor Perini Corporation, Q1 2023 Earnings Call, May 04, 2023, TUTOR PERINI CORPORATION : Q1 2023 Earnings Call, Earnings Flash (TPC) TUTOR PERINI CORPORATION Reports Q1 Revenue $804.3M, Tutor Perini Corporation Withdraws Earnings Guidance for the Year 2023, TUTOR PERINI CORPORATION : Q1 2023 Earnings Release, Tutor Perini Unit Awarded $41 Million Electrical Subcontract for Florida Hospital Tower; Shares Rise, US Futures Point Slightly Lower Ahead of Fed Meeting, Economic Data, Tutor Perini Gets $2.95 Billion Contract for NYC Borough-Based Jails System, Brooklyn Facility, Tutor Perini's Subsidiary Black Micro Awarded $222 Million Construction Contract at Tinian International Airport, Mixed Economic Data, Bank Earnings Weighed Amid Higher Exchange-Traded Funds, Equity Futures in Pre-Bell Activity, Tutor Perini Unit Wins $62 Million Bridge Repair Contract From Minnesota Department of Transportation, UBS Adjusts Tutor Perini Price Target to $7 From $8.50, Maintains Neutral Rating, B. Riley Trims Tutor Perini's Price Target to $8 From $10 After Lower-Than-Expected Q4 Results, Reduces Estimates; Keeps Buy Rating, Tutor Perini Shares Drop Thursday After Surprise Q4 Loss, Revenue Below Forecasts, Tutor Perini Swings to Surprise Q4 Loss as Revenue Falls; Shares Drop After Hours, Transcript : Tutor Perini Corporation, Q4 2022 Earnings Call, Mar 15, 2023, TUTOR PERINI CORPORATION : Q4 2022 Earnings Call, Tutor Perini Sets Initial 2023 EPS Guidance at $0.45-$0.65, Earnings Flash (TPC) TUTOR PERINI CORPORATION Posts Q4 Revenue $964.4M, vs. Street Est of $976.2M, Tutor Perini Corporation Provides Earnings Guidance for the Full Year 2023. Section 16. Executive shall be reimbursed his reasonable fees and costs, including attorneys' fees, in connection with the review, negotiation and execution of this Agreement. 12101 et seq., the Age Discrimination in Employment Act, as amended, 29 U.S.C. (ii)It is the intention of the parties that the payments and benefits to which Executive could become entitled in connection with termination of employment under this Agreement comply with Section 409A of the Code. Achieve Biology excellence. 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