Sample Separation Agreement And Release (Page 2 of 4) in pdf

and other personal injury claims, fraud claims, whistleblower claims, unjust, wrongful or

constructive dismissal claims and any claims under any municipal, state or federal wage

payment, discrimination or fair employment practices law, statute or regulation, and claims for

costs, expenses and attorneys' fees with respect thereto.

b) By signing this Agreement and Release and by acceptance of the compensation and benefits

provided for herein, you hereby WAIVE, RELEASE AND COVENANT NOT TO SUE the

Company with respect to any matter relating to or arising out of your employment, compensation

and benefits with the Company and/or the termination thereof, and you agree that neither you nor

any person organization or entity acting on your behalf will (i) file or participate or join in,

encourage, assist, facilitate or permit the bringing or maintenance of any claim or cause of action

against the Company, whether in the form of a federal, state or municipal court lawsuit or

administrative agency action or otherwise, on the basis of any claim arising out of or relating to

your employment, compensation, and benefits with the Company and/or the termination thereof

or (ii) seek reinstatement, reemployment or any other relief from the Company, however that relief

might be called, whether back pay, compensatory damages, punitive damages, claims for pain

and suffering, claims for attorneys' fees, reimbursement of expenses or otherwise, on the basis of

any such claim, except for claims for a breach of this Agreement and Release.

4. Nothing contained herein shall be deemed to constitute an admission or evidence of any

wrongdoing or liability on the part of the Company.

5. Any breach of any provision of this Agreement and Release by you shall constitute a forfeiture

of all compensation and benefits set forth herein and, if any such compensation and benefits

have already been conveyed as of the time of your breach, you agree to return and/or repay the

same to the Company.

6. You agree that you will not provide consulting advice or counsel to or otherwise cooperate with

or assist employees, agents or independent contractors, or former employees, agents or

independent contractors of the Company to pursue legal actions against the Company or its

owners, stockholders, agents, directors, officers, employees, representatives, attorneys,

divisions, parents, subsidiaries, trustees, predecessors, successors or assigns (together, "the

Releasees") on or in connection with any matters relating to their employment or the termination

thereof. You further agree that you will not participate, directly or indirectly, as a party, witness or

otherwise, in any action at law, proceeding in equity, or in any administrative proceeding in which

Releasees or Releasees' personnel are parties or attempt to offer into evidence against

Releasees or Releasees' personnel any fact of or concerning any act or motion of Releasees or

Releasees' personnel prior to the date of this Agreement, unless compelled to do so by force of

law.

7. Should you commence or prosecute any action or proceeding contrary to the provisions of this

Agreement, you agree to indemnify Releasees and/or Releasees' affected personnel for all court

costs and attorney's fees incurred by Releasees' personnel in the defense of such action or in

establishing or maintaining the application or validity of this Agreement or provisions thereof.

8. You will not issue any communication, written or otherwise, that disparages, criticizes or

otherwise reflects adversely or encourages any adverse action against the individuals or entities

that are the Releasees except if testifying truthfully under oath pursuant to subpoena or

otherwise.

9. You acknowledge that by reason of your position with the Company you have been given

access to lists of subscribers, prices, plans, and similar confidential or proprietary materials or

information respecting the Company's business affairs. You represent that you have held all such

Note: This document is for informational purposes only and may not be appropriate for

your situation. Please consult an attorney for all legal matters.

Sample Separation Agreement And Release Page 2

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