MUTUAL RELEASE AND NON-DISPARAGEMENT AGREEMENTNonDisparagement Agreement |
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MUTUAL RELEASE AND NON-DISPARAGEMENT AGREEMENT
I, Donald W. Wallace (“Executive”), in consideration of and subject to the performance by Lazy Days R.V. Center, Inc., a Florida corporation (together with its subsidiaries, the “Company”), of its obligations under the Retirement Agreement dated as of the date hereof by and among Executive, Lazy Days’ R.V. Center Inc., LD Holdings Inc., and RV Acquisition Inc. (the “Retirement Agreement”), do hereby release and forever discharge as of the date hereof the Company and all present and former directors, officers, executives, employees, attorneys, agents, representatives, executives, successors and assigns of the Company and its direct or indirect owners, parents, affiliates and subsidiaries (and their directors, officers, executives, employees, attorneys, agents, representatives and executives) (collectively, the “Released Parties”) to the extent provided below.
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(1) |
Except as provided in paragraph 2 below, I knowingly and voluntarily release and forever discharge the Released Parties from any and all claims, controversies, actions, causes of action, cross-claims, counter-claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs and attorneys’ fees, or liabilities of any nature whatsoever in law and in equity, both past and present (through the date hereof) and whether known or unknown, suspected, or claimed against any of the Released Parties which I, or any of my heirs, executors, administrators or assigns, may have, which arise out of or are connected with my engagement by, employment with or separation from the Company (including, but not limited to, any allegation, claim or violation, arising under: Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967, as amended (including the Older Workers Benefit Protection Act); the Equal Pay Act of 1963, as amended; the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Civil Rights Act of 1866, as amended; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; any applicable Executive Order Programs; the Fair Labor Standards Act; or their state or local counterparts; or under any other federal, state or local civil or human rights law, or under any other local, state, or federal law, regulation or ordinance; or under any public policy, contract or tort, or under common law; or arising under any policies, practices or procedures of the Company; or any claim for wrongful discharge, breach of contract, infliction of emotional distress, defamation; or any claim for costs, fees, or other expenses, including attorneys’ fees incurred in these matters) (all of the foregoing collectively referred to herein as the “Claims”). |
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(2) |
I understand and agree that this Mutual Release And Non-Disparagement Agreement 
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