EX-10.1 RELEASE OF CLAIMSRelease Agreement |
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ARTISTDIRECT INC | Nicholas Turner. 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
RELEASE OF CLAIMS
This Release of Claims (“Release”) is made and entered into as of this 28th day of November, 2006 by Nicholas Turner, an individual (hereinafter referred to as the “Releasing Party”), and is hereby acknowledged by ARTISTdirect, Inc., a Delaware corporation (the “Company”).
RECITALS
A. Releasing Party resigned as the Company’s Vice President, Business Development, effective as of August 31, 2006 (the “Resignation Effective Date”).
B. Releasing Party and the Company have agreed to enter into an independent contractor agreement, in the form attached hereto as Exhibit A (the “Contractor Agreement”), so that Releasing Party may continue to act as a consultant and continue to provide services to the Company, on the terms and conditions set forth therein.
C. To induce the Company to enter into the Contractor Agreement, Releasing Party has agreed to enter into this Release.
D. As additional consideration for this Release, the Company has agreed to pay Releasing Party $1,000 on the date this Release is executed and delivered.
Now, therefore, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Releasing Party does as follows:
1. I shall fully release and forever discharge the Company and its agents, employees, officers, directors, trustees, representatives, owners, attorneys, subsidiaries, related corporations, assigns, successors, and affiliated organizations (hereafter referred to collectively as the “Released Parties”), and each and all of them, from any and all liabilities, claims, causes of action, charges, complaints, obligations, costs, losses, damages, injuries, attorneys’ fees, and other legal responsibilities, of any form whatsoever, whether known or unknown, unforeseen, unanticipated, unsuspected or latent, which Releasing Party or Releasing Party’s heirs, administrators, executors, successors in interest, and/or assigns have incurred or expect to incur, or now own or hold, or have at any time heretofore owned or held, or may at any time own, hold, or claim to hold by reason of any matter or thing arising from any cause whatsoever prior to the date of the Releasing Party’s execution of this Release.
2. Without limiting the generality of the foregoing, and by way of example only, I fully release and discharge each and all of the Released Parties from any and all claims, demands, rights, and causes of action that have been or could be alleged against any of said Released Parties (a) in connection with my employment, prior employment agreements, or the termination of such employment; (b) in connection with any and all matters pertaining to my employment by any of the Released Parties, including, but not limited to, any and all compensation, salaries, wages, bonuses, commissions, overtime, monies, pay, allowances, benefits, sick pay, severance pay, retention pay or benefits, paid leave benefits, penalties,
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interest, damages, and promises on any and all of the above; and (c) under or in connection with the state and federal age discrimination laws, as explained further in Section 3 below.
3. Without limiting the scope of this Release in any way, I also certify that this Release constitutes a knowing and voluntary waiver of any and all rights or claims that exist or that I have or may claim to have under the Federal Age Discrimination in Employment Act (“ADEA”), as amended by the Older Workers Benefit Protection Act of 1990 (“OWBPA”), which is set forth at 29 U.S.C. § § 621, et seq. This Release does not govern any rights or claims that may arise under the ADEA after the date this Release is signed by the Releasing Party.
4. This Release extends to any and all claims including, but not limited to, any alleged (a) violation of the National Labor Relations Act, Title VII of the Civil Rights Act, the Americans With Disabilities Act of 1990, the ADEA, as amended by the OWBPA, the Fair Labor Standards Act, the Occupational Safety and Health Act, the Consolidated Omnibus Budget Reconciliation Act of 1985; (b) discriminat







