Back to top

AMENDED SEPARATION AGREEMENT AND GENERAL RELEASE

Release Agreement

AMENDED SEPARATION AGREEMENT AND GENERAL RELEASE | Document Parties: Acxiom Corporation You are currently viewing:
This Release Agreement involves

Acxiom Corporation

. RealDealDocs™ contains millions of easily searchable legal documents and clauses from top law firms. Search for free - click here.
Title: AMENDED SEPARATION AGREEMENT AND GENERAL RELEASE
Date: 5/30/2008
Industry: Computer Services     Sector: Technology

AMENDED SEPARATION AGREEMENT AND GENERAL RELEASE, Parties: acxiom corporation
50 of the Top 250 law firms use our Products every day

Exhibit 10(y)

 

AMENDED SEPARATION AGREEMENT

AND GENERAL RELEASE

 

This Amendment to the Separation Agreement and General Release of the 27 th day of March 2008 (“Agreement”) is entered into as of the 17th day of April, 2008, between Acxiom Corporation, its successors and current and former subsidiaries, affiliates, officers, directors, employees, representatives, insurers, agents and assigns (“Acxiom”), and L. Lee Hodges (“Associate”).

 

 

1.

Associate’s employment with Acxiom shall be severed effective June 30, 2008, or such earlier date as Associate may determine (“Separation Date”), under the following terms and conditions:

 

 

a.

Associate acknowledges that he is an “at will” employee and does not have any right to severance benefits under Acxiom’s policies or any other understanding or agreement with Acxiom that would entitle him to severance benefits. In consideration of Associate’s execution of this Agreement, Acxiom agrees to provide the additional benefits described in Exhibit A attached to and made part of this Agreement.

 

 

b.

In exchange for the consideration set forth in Exhibit A, Associate agrees to assist Acxiom with the transition of his current duties and responsibilities, and to unconditionally release and discharge Acxiom from all claims, obligations and liabilities Associate has or may have had, whether known or unknown, suspected or unsuspected up to and as of the date of the execution of this Agreement, arising out of or related to Associate’s employment, separation from Acxiom and any other contact or association with Acxiom. Such claims include, without limitation, those for: personal injuries; compensatory, punitive, and liquidated damages; wages, salaries, commissions, and bonuses; deductions; back pay; front pay; reinstatement; court costs; attorneys’ fees; intentional infliction of emotional distress; tort; express or implied contract; wrongful discharge; and/or for any other known or unknown causes, claims or demands which Associate has or may have had against Acxiom. This Agreement specifically releases and discharges Acxiom from, without limitation, any and all claims Associate has or may have had against Acxiom under:

 

 

i.

Title VII of the Civil Rights Act of 1964, Section 1981 of the Civil Rights Act of 1866, Section 1981A of the Civil Rights Act of 1991, and Executive Order 11246, which prohibit discrimination based on race, color, national origin, religion, or sex;

 

 

ii.

the Age Discrimination in Employment Act and Executive Order 11141, which prohibit age discrimination in employment;

 

 

iii.

the Americans with Disabilities Act of 1990 and Sections 503 and 504 of the Rehabilitation Act of 1973, which prohibit discrimination on account of disability;

 

 

iv.

the Fair Labor Standards Act of 1938, which regulates wage and hour matters;

 

 

v.

the Equal Pay Act of 1963, which prohibits paying men and women unequal pay for equal work;

 

O:\Corporate Legal\SECC\10-K\10K 2008\Edgar\ex10(y)hodgessepagmt.htm

 

 

 

vi.

the Consolidated Omnibus Budget Reconciliation Act of 1985, which requires employers under certain circumstances to offer continued health coverage after an employee’s separation of employment;

 

 

vii.

the Employee Retirement Income Security Act which, among other things, protects employee benefits;

 

 

viii.

the Older Worker Benefit Protection Act;

 

 

ix.

the Arkansas Civil Rights Act of 1993;

 

 

x.

the Family and Medical Leave Act, which requires employers to provide leaves of absence under certain circumstances;

 

 

xi.

the Occupational Safety and Health Act;

 

 

xii.

state or federal common law; and/or

 

 

xiii.

any local, state, or federal law whatsoever,

 

each as amended. Associate acknowledges that this is a knowing and voluntary waiver. Associate waives all seniority rights he may have with Acxiom, and Associate expressly waives any claim for reinstatement by Acxiom.

 

 

c.

This waiver and release does not apply to or waive: 1) Associate’s rights to enforce this Agreement; 2) any rights Associate may have under applicable workers’ compensation or unemployment compensation statutes; or 3) any right to continuation of health care coverage under the Consolidated Omnibus Reconciliation Act.

 

 

d.

In exchange for the consideration set forth in Exhibit A, Associate agrees to the following terms and conditions:

 

 

i.

For a period of three years following the Separation Date, Associate will not compete with Acxiom by soliciting business from any Acxiom customer. Associate acknowledges that the purpose of this paragraph is to protect Acxiom's legitimate business interests and market advantages from unfair competition by Associate and not to interfere with ordinary competition or to deprive Associate of a livelihood. Associate agrees that the restrictions in this subparagraph, in view of the nature of the business in which Acxiom is engaged and in light of the special training, disclosure of trade secrets, confidential business information, and customer data Acxiom has provided to Associate, are reasonable and necessary in order to protect Acxiom's legitimate business interests. Associate acknowledges that the existence of any other claims by Associate against Acxiom, whether based on this Agreement or otherwise, will not constitute a defense to Acxiom's enforcement of this subparagraph;

 

 

ii.

For a period of three years following the Separation Date, Associate will not directly or indirectly solicit, on his own behalf or on behalf of any other person or entity, the services of any person who is an employee of Acxiom or solicit any

 

2

 

of Acxiom’s employees to terminate their em


 
SITE SEARCH

AGREEMENTS / CONTRACTS

Document Title:

Entire Document: (optional)

Governing Law:(optional)


Try our advanced search >>
 

CLAUSES

Search Contract Clauses >>

Browse Contract Clause Library>>

Get Email Updates
Email:
This is only a partial view of this document. We have millions of legal documents and clauses drafted by top law firms. learn more search for free browse for free learn more