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Release of Claims
In
consideration of the $1.5 million Severance Benefit to be paid to me
pursuant to section 5 of the employment agreement between me and Barr
Pharmaceuticals, Inc., Barr Laboratories, Inc. and Duramed Research Inc. dated
as of August 19, 2005 as amended by a letter agreement dated August 28,
2006 (the “Employment Agreement”), I hereby agree as follows:
1.
I release and forever discharge Barr Pharmaceuticals, Inc. and its past,
present and future subsidiaries and affiliates (collectively, the
“Company”), and any and all of their officers, directors, agents
and employees (collectively with the Company, the “Releases”), from
any and all claims and/or causes of action that I had, have or may have relating
to my employment with the Company and/or the termination of that employment,
whether presently known or unknown, including, but not limited to, any claim
under Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights
Act of 1991, as amended; 42 U.S.C. § 1981; the Age Discrimination in
Employment Act of 1967, as amended (“ADEA”); the Older Workers
Benefit Protection Act, 29 U.S.C. §626, as amended (“OWBPA”);
the Americans With Disabilities Act of 1990, as amended; the Family Medical
Leave Act of 1993, as amended; the Fair Labor Standards Act, as amended; the
Occupational Safety and Health Act of 1970, as amended; the Civil Rights Act of
1966, as amended; the Employee Retirement Income Security Act of 1974, as
amended; the Worker Adjustment and Retraining Notification Act, 29 U.S.C.
Sections 2101-2109 (“WARN”); New Jersey State Human Rights
Law; New Jersey State Labor Law; Pennsylvania State Wage and Hour Law; the
Pennsylvania Law Against Discrimination; workers compensation provisions; and
any and all claims of wrongful discharge, breach of contract, breach of
covenant of good faith and fair dealing, violation of public policy,
retaliatory termination, fraud, defamation, physical injury, emotional
distress, or any other claims arising out of or relating to any other aspect of
federal or state statutory or common law, including claims for attorneys’
fees and costs incurred in litigation. The foregoing release excludes—
(a) any
claims for any amounts to which I am entitled pursuant to the terms of any compensation
or benefit plan of the Company or by law on account of my participation in any
such plan prior to September 1, 2006, including (i) the portion of my
Base Salary accrued through August 31, 2006, (ii) stock options and
stock appreciation rights granted to me before that date, (iii) amounts
payable to me under the Company’s qualified 401(k) plan and its excess
401(k) plan, and (iv) medical and dental insurance benefits, including (if
applicable) flexible spending account benefits,
(b) any claims for indemnification or advancement of expenses pursuant to section 145 of the Delaware General Corporation L







