This Separation Agreement (“Agreement”) is made as of the 30th day of September, 2006 by and
between Capital Growth Systems, Inc., a Florida corporation (“Company”), and Rory Herriman, CTO of
Capital Growth Systems, Inc. (“Executive”).
A. The Company and Executive are parties to an Employment Agreement, dated as of April 26,
2004 (“Employment Agreement”), pursuant to which Executive serves as the Chief Technology Officer, Chief
Operating Officer and/or any other office or position (“CTO”) of the Company and NEXVU Technologies,
L.L.C., a Delaware limited liability company (“Subsidiary”).
B. The Company and Executive have agreed that Executive will cease to serve as the CTO of the
Company before the end of the term set forth in the Employment Agreement.
C. The Chief Executive Officer of the Company has approved this Agreement.
NOW THEREFORE, the parties agree as follows:
1. Termination of Employment .
(a) The Employment Agreement and Executive’s service as CTO are hereby
terminated with effect as of the date of this Agreement (“Effective Date”).
(b) Contemporaneously with the execution and delivery of this Agreement,
with effect as of the Effective Date, Executive, by execution of this Agreement hereby resigns as CTO of
the Company, Subsidiary and any other subsidiaries that may be maintained by the Company.
(c) Executive and the Company agree and acknowledge that this Agreement
sets forth the parties’ mutual understanding with respect to Executive’s termination of employment with
the Company and Subsidiary and the termination of the Employment Agreement. Executive and the
Company agree that the termination of employment set forth herein is not a termination of Executive by
the Company or Subsidiary “With Cause” or “Without Cause” within the meaning of, or for purposes of,
the Employment Agreement. In addition, the Company and Executive agree that the termi