AGREEMENT AND GENERAL RELEASERelease Agreement |
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AMH HOLDINGS, INC. | Dana R. Snyder. RealDealDocs™ contains millions of easily searchable legal documents and clauses from top law firms. Search for free - click here. |
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EXHIBIT 10.1
AGREEMENT AND GENERAL RELEASE
This
Agreement and General Release is made and entered into by and between Dana R.
Snyder (hereinafter referred to as “Employee”) and Associated
Materials Incorporated (hereinafter referred to as “Company”).
WITNESSETH:
WHEREAS,
Employee was employed by Company on July 1, 2006 and his employment is
terminated effective October 1, 2006;
WHEREAS,
Employee and Company desire to settle fully and finally all differences between
them, including, but in no way limited to, any differences that might arise out
of Employee’s employment with Company;
NOW THEREFORE, in
consideration of the mutual promises herein contained,
It
is agreed as follows:
First:
The Company will pay Employee severance pay in the amount of one thousand
dollars ($1,000) per month for a period until the earlier of (1) Employee
no longer serves as a member of the Company’s Board of Directors, or
(2) Employee reaches sixty-five (65) years of age.
Second:
The Company will continue Employee’s coverage under the Company medical,
and dental insurance program, as it may be amended and provided by law, through
the period of severance pay, as provided in the First paragraph above. Upon
termination of medical and dental coverage, the Employee will be offered COBRA
coverage as provided by law.
Third:
Employee agrees that he will continue to cooperate with the Company and will
make himself available as his services are needed by the Company. As
Employee’s services are needed by the Company the Employee will be
reimbursed for his reasonable expenses.
Fourth:
Employee understands and agrees that effective October 2, 2006, he is no
longer authorized to incur any expenses or obligations or liabilities on behalf
of the Company, unless specifically authorized.
Fifth:
Employee agrees that in the course of his employment with the Company he has
acquired certain confidential Company information. Employee understands and
agrees that such Company information has been disclosed to Employee in
confidence and for Company use only. Employee understands and agrees that he
(i) will keep such Company information confidential at all times during
and after his employment with the Company, (ii) will not disclose or
communicate Company information to any third party, and (iii) will not
make use of Company information on Employee’s own behalf, or on behalf of
any third party. In view of the nature of Employee’s employment and the
1
Exhibit 10.1
nature of the Company
information which Employee has received during the course of his employment,
Employee agrees that any unauthorized disclosure to third parties of Company
information or other violation or threatened violation of this Agreement would
cause irreparable damage to the trade secret status of Company information and
to Company and that, therefore, the Company shall be entitled to an injunction
prohibiting Employee from any such disclosure, attempted disclosure, violation,
or threatened violation. When Company information becomes generally available
to the public other than by Employee’s acts or omissions, it is no longer
subject to the restrictions in this paragraph. However, Company information
shall not be deemed to come under this exception merely because it is embraced
by more general information which is or becomes generally available to the
public.
Sixth:
It is agreed that the benefits contained in this Agreement and General Release
which flow to Employee from Company are subject to termination, reduction or
cancellation in the event that Employee takes any action or engages in any
conduct in violation of this Agreement.
Seventh:
Moreover, the provisions of this Agreement are severable, and if any part of it
is found to be unenforceable, the other paragraphs shall remain fully valid and
enforceable.
Eighth:
Employee agrees that he will make no disparaging or derogatory remarks or
statements, oral or written, about the Company, employees of the Company or the
Company’s business to any person.
Ninth:
Employee understands and agrees that he fully understands his right to consult
with his private attorney and to discuss all aspects of this Agreement with his
private attorney, that to the extent, if any, that he desired, he has availed
himself to this right, that he has carefully read and fully understands all of
the provisions of this Agreement and General Release, and that he voluntarily
entering this Agreement and General Release.







