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CAUTION: This document is only a basic template of things to consider. It is not all encompassing.
Attorneys must use discretion and independent judgment to ensure any work product is appropriately
tailored to the unique facts and circumstances of their matter. In addition, attorneys must review
relevant Federal and Local Rules, standing orders, and any other orders to ensure compliance.
coverage. Should you decide to continue COBRA coverage after the expiration of the
fully-subsidized period of time, you will need to pay the full premium plus an
administrative fee directly to the COBRA Administrator.
You agree that the severance payment, pro-rata portion of your annual bonus
target, and COBRA subsidy set forth in (a), (b), and (c) above exceed any payment,
benefit, and/or other thing of value to which you are entitled under any plan or policy, or
prior agreement or contract with the Company and/or the other Releasees (as defined
below) and is in full discharge of any and all of the Company’s and/or the other
Releasees’ potential liabilities and obligations to you, including but not limited to any
claims for severance, variable pay, bonuses, commissions and/or any other remuneration
in any form.
4. Release of Claims. In exchange for providing you with the severance
payment set forth in paragraph 3 above, you, on your own behalf and on behalf of your
heirs, administrators, executors and assigns, hereby irrevocably and unconditionally
release, waive and forever discharge the Company, its direct and indirect parents,
subsidiaries and affiliates, affiliated persons, partnerships and corporations, successors
and assigns, and all of its past and present directors, members, partners, officers,
shareholders, agents, representatives, employees, employee benefit plans and plan
fiduciaries (collectively, the “Company Releasees”), individually and collectively, from
any and all actions, causes of action, claims, demands, damages, rights, remedies and
liabilities of whatsoever kind or character, in law or equity, suspected or unsuspected,
known or unknown, past or present, that you had, may now have, or may later assert
against any of the Company Releasees, arising out of or related to your employment or
the termination of that employment by the Company (hereinafter referred to as
“Claims”), including without limitation: (i) any Claims arising out of or related to any
federal, state and/or local labor or civil rights laws, as amended, including, without
limitation, the federal Civil Rights Acts of 1866, 1871, 1964 and 1991 (including but not
limited to Title VII), the Age Discrimination in Employment Act of 1967, the Older
Workers’ Benefit Protection Act of 1990, the Workers’ Adjustment and Retraining
Notification Act, the Employee Retirement Income Security Act of 1974, the Family and
Medical Leave Act of 1993, the Equal Pay Act, the Americans with Disabilities Act of
1990, the Genetic Information Nondiscrimination act, the Fair Credit Reporting Act, the
New York State Human Rights Law, the New York Equal Rights Law, the New York
Labor Law, the Administrative Code of the City of New York and (ii) any and all other
Claims arising out of or related to any contract, any and all other federal, state or local
constitutions, statutes, rules or regulations, ordinances, executive orders or public policy,
or under any common law right of any kind whatsoever, including, without limitation,
any Claims for any kind of tortious conduct (including but not limited to any claim of
defamation or distress), promissory or equitable estoppel, breach of the Company’s
policies, rules, regulations, handbooks or manuals, breach of express or implied contract
or covenants of good faith, quantum meruit, wrongful discharge or dismissal, and failure
to pay in whole or part any compensation, bonus, commission, incentive compensation,