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GENERAL RELEASE AND COVENANT NOT TO SUE

Release Agreement

GENERAL RELEASE AND COVENANT NOT TO SUE | Document Parties: SUREWEST COMMUNICATIONS You are currently viewing:
This Release Agreement involves

SUREWEST COMMUNICATIONS

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Title: GENERAL RELEASE AND COVENANT NOT TO SUE
Governing Law: California     Date: 5/12/2008
Industry: Communications Services     Sector: Services

GENERAL RELEASE AND COVENANT NOT TO SUE, Parties: surewest communications
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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

 

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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





 
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