Exhibit 10.6
GENERAL RELEASE AND COVENANT
NOT TO SUE
This Agreement, presented to the recipient,
Philip A. Grybas, on March 5, 2008 represents the final
Agreement between SureWest Communications (“SWC”) and
you (“Employee”). Capitalized terms not defined herein
shall have the meaning ascribed to such terms in the
Agreement.
FOR GOOD AND VALUABLE
CONSIDERATION, as set forth in the Agreement (which is
incorporated herein by reference as if set forth fully herein and
made a part hereof) and on the attached Exhibit A, the
receipt, sufficiency and adequacy of which is hereby acknowledged
by Employee’s signature below, Employee agrees as
follows:
1.
Acknowledgement and Release. Employee on behalf of
Employee and Employee’s heirs, successors and assigns, hereby
fully and completely releases and waives any and all claims,
complaints, causes of action or demands of whatever kind which
Employee has or may have against SureWest (the
“Company”) its predecessors, successors, current and
former parent entities, owners, shareholders, subsidiaries and
affiliates and all officers, employees, board members and agents of
those persons and companies (the “Released Parties”),
arising out of any employment or other matters between Employee and
the Company and/or its subsidiaries or affiliates occurring prior
to Employee’s execution of this release
(“Release”) other than claims Employee may have
(i) under the Agreement by and between Employee and the
Company, dated March 5, 2008, (ii) under any other
written agreement between Employee and the Company and/or its
subsidiaries or affiliates or (iii) claims for vested benefits
accrued under any employee benefit plan of the Company or its
subsidiaries or affiliates. Notwithstanding anything herein
to the contrary, Employee does not release and discharge the
Company from any claims, rights, demands, actions, obligations and
causes of action arising from or in any way connected with
Employee’s rights to receive indemnification from the Company
and/or its subsidiaries or affiliates, whether pursuant to
applicable law or contract, for acts, events, or omissions arising
during the term of Employee’s employment or service with the
Company.
Employee understands and agrees that this
Release is a full and complete waiver of all claims including,
without limitation, claims to attorneys’ fees and costs,
claims of wrongful discharge, constructive discharge, breach of
contract, breach of the covenant of good faith and fair dealing,
harassment, retaliation, discrimination, violation of public
policy, defamation, invasion of privacy, interference with a leave
of absence, personal injury or emotional distress and claims under
Title VII of the Civil Rights Act of 1964, the Fair Labor Standards
Act, the Equal Pay Act of 1963, the Americans With Disabilities
Act, the Civil Rights Act of 1866, the Age Discrimination in
Employment
1
Act of 1967
(ADEA), as amended by Older Workers Benefit Protection Act of 1990,
the California Labor Code, the California Fair Employment and
Housing Act, the California Family Rights Act, the Family Medical
Leave Act, the Employee Retirement Income Security Act of 1974, the
National Labor Relations Act or any other federal or state law or
regulation relating to employment or employment
discrimination. Employee further understands and agrees that
this waiver includes all claims, known and unknown, to the greatest
extent permitted by applicable law.
Employee also hereby agrees
that nothing contained in this Release shall constitute or be
treated as an admission of liability or wrongdoing by the
parties.
In addition, Employee hereby
expressly waives any and all rights and benefits conferred upon
Employee by the provisions of Section 1542 of the Civil Code
of the State of California, which states as
follows:
A GENERAL RELEASE DOES NOT
EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALL