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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”).
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1.
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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:
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a.
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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.
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b.
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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:
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i.
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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;
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ii.
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the Age Discrimination in Employment Act and
Executive Order 11141, which prohibit age discrimination in
employment;
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iii.
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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;
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iv.
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the Fair Labor Standards Act of 1938, which
regulates wage and hour matters;
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v.
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the Equal Pay Act of 1963, which prohibits paying
men and women unequal pay for equal work;
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O:\Corporate Legal\SECC\10-K\10K
2008\Edgar\ex10(y)hodgessepagmt.htm
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vi.
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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;
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vii.
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the Employee Retirement Income Security Act which,
among other things, protects employee benefits;
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viii.
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the Older Worker Benefit Protection Act;
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ix.
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the Arkansas Civil Rights Act of 1993;
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x.
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the Family and Medical Leave Act, which requires
employers to provide leaves of absence under certain
circumstances;
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xi.
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the Occupational Safety and Health Act;
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xii.
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state or federal common law; and/or
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xiii.
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any local, state, or federal law
whatsoever,
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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.
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c.
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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.
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d.
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In exchange for the consideration set forth in
Exhibit A, Associate agrees to the following terms and
conditions:
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i.
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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;
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ii.
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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
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2
of Acxiom’s employees to terminate their
em
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