exhibit 10. 22 retirement and release agreement i, david m. theno, whose address is 4503 sun valley road, del mar, ca 92014 understand that my retirement from jack in the box will be effective on september 28, 2008. this retirement and release agreement ( agreement ) is entered into in connection with my retirement. jack in the box offer. from september 29, 2008 to december 31, 2008, i will be available to consult with the company as reasonably required. in exchange, jack in the box has offered to pay me a final payment of $ 88, 875. 00 ( less required payroll deductions ). in order to receive this offer, the requirements to accept offer described below must be fulfilled. if the requirements to accept offer are not fulfilled, the jack in the box offer automatically terminates. the lump sum final payment is in addition to wages due to me for work performed on or before september 30, 2008 and will be paid to me as consideration for my settlement, release and discharge of any and all known claims as described below. waiting period and revocation. i received this agreement on august 7, 2008 and have been given a twenty - one ( 21 ) day waiting period to consider whether to sign it. i understand that even if i sign and return this agreement, i can still revoke this agreement within seven ( 7 ) days after it is returned to jack in the box ( revocation period ) and this agreement will not become effective or enforceable until the revocation period has expired. requirements to accept offer. in order to accept the jack in the box offer i must : ( a ) sign this agreement and return it to jack in the box by either : ( i ) hand - delivering the agreement to robin jones, director, human resources, 9330 balboa avenue, san diego, ca 92123 not later than close of business on august 28, 2008 ; or ( ii ) mailing the agreement, in which case the envelope must be postmarked not later than august 28, 2008 and must be received within a reasonable time thereafter ; or ( iii ) sending the agreement by overnight service such as federal express, in which case it must be actually received not later than august 28, 2008. mail and overnight service must be addressed to : robin jones director of human resources 9330 balboa ave. san diego, ca 92123 ( b ) not revoke this agreement during the seven ( 7 ) day revocation period