Exhibit 10.1
GENERAL RELEASE AND SEPARATION
AGREEMENT
This General Release and Separation
Agreement (“Agreement”) is entered into by and between
Capstone Turbine Corporation (“Capstone”) on the one
hand, and Leigh Estus (“Employee”), on the other
hand. Capstone and Employee shall be referred to herein,
collectively, as the “Parties.” Employee enters
into this Agreement in accordance with Section 4.04 of the
2002 Capstone Turbine Corporation Severance Pay Plan (the
“Plan”) and in exchange and consideration for the
applicable severance payment for which Employee is eligible to
receive under the Plan, which in the case of Employee is
$115,450.01 (the “Severance Payment”). The Severance
Payment will be paid in accordance with Section 4.03 of the
Plan which currently provides for payment in the same manner as
Capstone’s regular payroll practices.
1.
Employee’s last day of
employment will be December 1, 2008 at which time Employee
will be paid all regular payroll earnings and accrued vacation
through that date.
2.
Employee agrees and warrants that,
as of the time of execution of this Agreement, he/she has not filed
any complaints, Charges, applications, grievances, or lawsuits
against Capstone with any governmental agency or court, including,
but not limited to, Department of Fair Employment and Housing, the
United States Equal Employment Opportunity Commission, the Division
of Labor Standards Enforcement, the California Superior Court or
the United States District Court, or in any other forum
whatsoever.
3.
Employee warrants and represents
that he/she has not heretofore assigned or transferred, or
purported to assign or transfer, to any person or entity, any claim
or portion thereof, or interest therein, which Employee may have
against Capstone. Employee agrees to indemnify, defend and hold
Capstone harmless from and against any and all claims, based on or
arising out of any such assignment or transfer, or purported
assignment or transfer of any claims or portion thereof or interest
therein.
4.
Except for obligations created
herein and by the Plan, Employee on behalf of himself/herself,
his/her agents, spouse, heirs, assigns, attorneys and
representatives, hereby irrevocably and unconditionally releases,
acquits and forever discharges Capstone and each of its owners,
parents, subsidiaries, predecessors, successors, affiliates,
administrators, representatives, executors, assigns, and insurers
and each and all of their agents, directors, officers, employees,
former employees, representatives, attorneys, partners, and
stockholders, and all persons acting by, through, under, or in
concert with any of them, (collectively, the “Capstone
Releasees”) from any and all Charges, complaints, claims,
liabilities, obligations, promises, agreements, controversies,
damages, actions, causes of action, suits, rights, demands, costs,
losses, judgments, debts and expenses of any nature whatsoever,
known or unknown, suspected or unsuspected, fixed or contingent
which Employee now has, owns, holds, or claims to have, claims to
own, or
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