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GENERAL RELEASE

Release Agreement

GENERAL RELEASE | Document Parties: GT SOLAR INTERNATIONAL, INC. | Directors and Officers Liability Insurance You are currently viewing:
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GT SOLAR INTERNATIONAL, INC. | Directors and Officers Liability Insurance

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Title: GENERAL RELEASE
Date: 8/5/2009

GENERAL RELEASE, Parties: gt solar international  inc. , directors and officers liability insurance
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EXHIBIT 10.4

 

GENERAL RELEASE

 

I, Edwin Lewis, in consideration of and subject to the performance by GT Solar International, Inc., a Delaware corporation (together with its subsidiaries, the “ Company ”), of its obligations under the Employment Agreement, dated as of November 7, 2007 between the Company and me (the “ Agreement ”), do hereby release and forever discharge as of the date hereof (on behalf of myself, my heirs, executors, administrators and assigns) the Company and its affiliates and all present and former directors, officers, agents, representatives, employees, employee benefit plans and plan fiduciaries, successors and assigns of the Company and its affiliates, and the Company’s direct or indirect owners (collectively, the “ Released Parties ”) to the extent provided below.

 

1.                                        I understand that any payments or benefits paid or granted to me under paragraph 4(b) of the Agreement represent, in part, consideration for signing this General Release and are not salary, wages or benefits to which I was already entitled. I understand and agree that I will not receive the payments and benefits specified in paragraph 4(b) of the Agreement unless I execute this General Release and do not revoke this General Release within the time period permitted hereafter or breach this General Release.  Such payments and benefits will not be considered compensation for purposes of any employee benefit plan, program, policy or arrangement maintained or hereafter established by the Company or its affiliates.  I also acknowledge and represent that I have received all payments and benefits that I am entitled to receive (as of the date hereof) by virtue of any employment by the Company.

 

2.                                        Except as provided in paragraph 4 below, and except for the provisions of my Employment Agreement which expressly survive the termination of my employment with the Company, and except for any rights I may have for indemnification under applicable law, Article EIGHT of the Company’s Amended and Restated Certificate of Incorporation and any applicable Directors and Officers Liability Insurance, I knowingly and voluntarily (for myself, my heirs, executors, administrators and assigns) release and forever discharge the Company and the other Released Parties from any and all claims, suits, controversies, actions, causes of action, cross-claims, counter-claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs and attorneys’ fees, or liabilities of any nature whatsoever in law and in equity, both past and present (through the date this General Release becomes effective and enforceable) and whether known or unknown, suspected, or claimed against the Company or any of the Released Parties which I, my spouse, or any of my heirs, executors, administrators or assigns, may have, including, but not limited to, any and all claims that arise out of or are connected with my employment with, or my separation or termination from, the Company (including, but not limited to, any allegation, claim or violation, arising under: Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et   seq. , the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et   seq. , the Age Discrimination in Employment Act, 29 U.S.C. § 621 et   seq. , the Family and Medical Leave Act, 29 U.S.C. § 2601 et   seq. , the Worker Adjustment and Retraining Notification Act, 29 U.S.C. § 2101 et   seq. , Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, 18 U.S.C. 1514(A), the Fair Credit Reporting Act, 15 U.S.C. § 1681 et   seq. , Executive Order 11246, Executive Order 11141, the Rehabilitation Act of 1973, 29 U.S.C. § 701, et   seq. , the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et   seq. , the New Hampshire Law Against Discrimination, N.H. Rev. Stat. Ann. § 354-A:1 et   seq. , N.H. Rev. Stat. Ann. § 275:36 et   seq. (New Hampshire equal pay law), and the New Hampshire Whistleblowers’ Protection Act, N.H. Rev. Stat. Ann. § 275-E:1 et   seq. , all as amended; or under any other federal, state or local civil or

 



 

human rights law, or under any other local, state, or federal law, regulation or ordinance; or under any public policy, contract or tort, or under common law; or arising under any policies, practices or procedures of the Company; or any claim for wrongful discharge, breach of contract, infliction of emotional distress, defamation; or any claim for costs, fees, or other expenses, including attorneys’ fees incurred in these matters) (all of the foregoing collectively referred to herein as the “ Claims ”); provided , however , t


 
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