Exhibit 10.1
G E N E R A
L R E L E A S E
GENERAL RELEASE (this
“Release ”) by Thomas A. Renyi (
“you” ) in favor of The Bank of New York Mellon
Corporation (“ Company” ), its subsidiaries,
affiliates, and all of their officers, directors, employees,
shareholders, attorneys and agents and their predecessors,
successors and assigns, individually and in their official
capacities (together, the “Released Parties”
).
WHEREAS, you have been employed as
Executive Chairman of the Company; and
WHEREAS, you are entitled to certain
payments and benefits under your letter agreement, dated
June 25, 2007 (as the same may have been amended from time to
time, the “Service Agreement” ), with the
Company that are conditioned on the effectiveness of this
Release.
NOW, THEREFORE, in consideration of
the covenants and agreements hereinafter set forth, the parties
agree as follows:
1. General Release . You, for
yourself and for your heirs, executors, administrators, successors
and assigns, knowingly and voluntarily forever waive, terminate,
cancel, release and discharge the Released Parties from and against
any and all legally waivable claims, causes of action, allegations,
rights, obligations, liabilities or charges (collectively,
“Claims” ) that you (or your heirs, executors,
administrators, successors and assigns) have or may have, whether
known or unknown, by reason of any matter, cause or thing occurring
at any time before and including the date of this Release,
including, without limitation, claims for compensation or bonuses
(including, without limitation, any claim for an award under any
compensation plan or arrangement); breach of contract; tort;
wrongful, abusive, unfair, constructive or unlawful discharge or
dismissal; impairment of economic opportunity defamation; age and
national origin discrimination; sexual harassment; back pay; front
pay; benefits’ attorneys’ fees; whistleblower claims;
emotional distress’ intentional infliction of emotional
distress’ assault’ battery; pain and suffering;
punitive or exemplary damages; violations of the Equal Pay Act,
Title VII of the Civil Rights Act of 1964, the Civil Rights Act of
1991, the Age Discrimination Employment Act of 1967 (
“ADEA” ), the Americans with Disabilities Act of
1991, the Employee Retirement Income Security Act, the Older
Workers Benefit Protection Act of 1990, the Sarbanes-Oxley Act of
2002, the Worker Adjustment and Retraining Notification Act of
1989, the Family and Medical Leave Act of 1993, the New York State
and New York City anti-discrimination laws, including all
amendments to any of the aforementioned acts; and violations of any
other federal, state, or municipal fair employment statutes or
laws, including, without limitation, violations of any other law,
rule, regulation or ordinance pertaining to employment, wages,
compensation, hours worked, or any other matters related in any way
to your employment with the Company and its affiliates (and their
respective predecessors) or the termination of that employment. In
addition, in consideration of the provisions of this Release, you
further agree to waive any and all rights under the laws of any
jurisdiction in the United States or any other country that limit a
general release to those claims that are known or suspected to
exist in your favor as of the Effective Release Date (as defined
below). You also understand you are releasing any rights or claims
concerning bonus(es) and any award(s) or grant(s) under any
incentive compensation plan or program, except as specifically set
forth in the Service Agreement.
2. Surviving Claims :
Notwithstanding anything herein to the contrary, this Release shall
not:
(a) release any Claims relating to
the payments and benefits set forth in th
