Exhibit 10.3
MGP INGREDIENTS, INC.
SEPARATION AGREEMENT AND RELEASE OF CLAIMS
WHEREAS , the undersigned employee wishes to voluntarily
resign employment with MGP Ingredients, Inc.;
WHEREAS , this Separation Agreement and Release of
Claims (“Agreement”) is dated as of April 17,
2009, is by and between Robert Zonneveld (“Employee”)
and MGP Ingredients, Inc. (“Employer”), and shall
be effective upon the expiration of the Agreement’s
revocation period;
WHEREAS , MGP Ingredients is making available to the
undersigned employee a separation benefit in recognition of
Employee’s efforts in the restructuring of Employer and
conditioned upon a release of all claims by the undersigned
employee; and
WHEREAS , the undersigned employee is not entitled
otherwise to any separation benefit and wishes to accept the
separation benefit described below.
The undersigned employee agrees as
follows:
1.
In exchange for
the separation benefit described below, Robert Zonneveld (“Employee”)
releases and forever discharges MGP Ingredients, Inc., its
predecessors, successors, assigns, officers, directors,
stockholders, agents, employees, and all related or subsidiary
companies or divisions (collectively referred to as
“Employer”) from all claims, demands, suits,
grievances, liabilities, or causes of action of any kind whatsoever
now existing including but not limited to those that in any
way
relate to or are connected
with or arise directly or indirectly out of the employment of
Employee by Employer or the termination of that
employment.
2.
The claims
released and discharged by Employee as of the effective date of
this Agreement include, but are not limited to, claims that might
be asserted under any federal, state or local law, regulation,
ordinance, or decision concerning employment, discrimination in
employment, or termination of employment including but not limited
to:
A.
The Age
Discrimination in Employment Act of 1967, as amended, 29
U.S.C. sec. 621, et seq.;
B.
The Employee
Retirement Income Security Act of 1974, as amended, 29 U.S.C. sec.
1001, et seq.;
C.
The Kansas Acts
Against Discrimination, as amended, Kan. State. Ann. sec.
44-1001, et seq.;
D.
Title VII of
Civil Rights Act of 1964 as amended, 42 U.S.C. sec 2000e, et
seq.;
E.
Americans With
Disabilities Act, 42 U.S.C. sec. 12101, et seq.:
F.
The Civil Rights
Act of 1866, as amended, 42 U.S.C. sec. 1981;
G.
The Civil Rights
Act of 1991, 42 U.S.C. sec. 1981a; and
H.
Family and
Medical Leave Act.
The claims released and discharged
by Employee also include, but are not limited to, any claim that
Employer breached any contract, express or implied, with Employee,
made any misrepresentations to Employee, discharged Employee in
violation of public policy, or acted wrongfully in any way toward
Employee. The claims released and discharged by Employee also
include, but are not limited to, any claim relating in
any
2
manner to personal injuries, fringe benefits,
medical, dental, hospitalization, life, disability, or other
insurance benefits, pension or other retirement benefits, and any
claims for attorney’s fees, reinstatement or
rehire.
Employee further agrees not to
initiate any legal proceeding on Employee’s behalf against
Employer based on any fact or circumstance occurring up to and
including the effective date of this Agreement.
Employee’s last date of
employment will be April 17, 2009 . By this
Agreement, Employee waives any claim for reinstatement and agrees
not to seek re-employment with Employer at any time in the
future. Employee agrees that any attempt to obtain
re-employment following his signing this Agreement will constitute
a breach of this Agreement, and that Employer may rely upon such
breach in refusing employment, or in discharging Employee from
employment.
3.
The separation
benefit shall be paid after the revocation period for this
Agreement has expired, and shall be as follows:
a.
Employee shall
receive gross compensation of Thirty-seven Hundred Fifty Dollars
($3,750.00) per week from April 20, 2009 until July 17,
2009. Compensation checks will be paid at net pay after normal
deductions. The above amount is inclusive of accrued vacation that
was not paid prior to April 17, 2009. If Employee does
not accept this Agreement, any unpaid accrued vacation will be paid
to Employee.
b.
Health
Care. If otherwise eligible, Employee may elect continuing
healthcare coverage pursuant to COBRA. Em
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