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G E N E R A L R E L E A S E

Release Agreement

G E N E R A L R E L E A S E | Document Parties: Bank of New York Mellon Corporation You are currently viewing:
This Release Agreement involves

Bank of New York Mellon Corporation

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Title: G E N E R A L R E L E A S E
Governing Law: New York     Date: 11/7/2008
Industry: Money Center Banks     Sector: Financial

G E N E R A L R E L E A S E, Parties: bank of new york mellon corporation
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Exhibit 10.2

G E N E R A L    R E L E A S E

GENERAL RELEASE (this “ Release ”) by Bruce Van Saun (“ you ”) in favor of The Bank of New York Mellon Corporation (the “ 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 a Vice Chairman of the Company; and

WHEREAS, you are seeking payments under your Transition Agreement, dated June 25, 2007 (as the same may have been amended from time to time, the “ Transition 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 in 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 Transition 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 the Transition Agreement;

(b) release any Claims arising after the date of this Release;

(c) limit or prohibit in any way your (or your beneficiaries’ or legal representatives’) ability to bring an action to enforce the terms of this Release;

(d) release the Company’s oblig


 
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