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Exhibit 10.1
RELEASE OF CLAIMS
This Release of Claims (" Release ") is made and
entered into as of this 28th day of November, 2006 by Nicholas
Turner, an individual (hereinafter referred to as the "
Releasing Party "), and is hereby acknowledged by
ARTISTdirect, Inc., a Delaware corporation (the "
Company ").
RECITALS
A.
Releasing Party resigned as the Company’s Vice President,
Business Development, effective as of August 31, 2006 (the "
Resignation Effective Date ").
B.
Releasing Party and the Company have agreed to enter into an
independent contractor agreement, in the form attached hereto as
Exhibit A (the " Contractor Agreement "), so
that Releasing Party may continue to act as a consultant and
continue to provide services to the Company, on the terms and
conditions set forth therein.
C.
To induce the Company to enter into the Contractor Agreement,
Releasing Party has agreed to enter into this Release.
D.
As additional consideration for this Release, the Company has
agreed to pay Releasing Party $1,000 on the date this Release is
executed and delivered.
Now, therefore, in consideration of the foregoing, and other
good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Releasing Party does as follows:
1.
I shall fully release and forever discharge the Company and its
agents, employees, officers, directors, trustees, representatives,
owners, attorneys, subsidiaries, related corporations, assigns,
successors, and affiliated organizations (hereafter referred to
collectively as the " Released Parties "), and each
and all of them, from any and all liabilities, claims, causes of
action, charges, complaints, obligations, costs, losses, damages,
injuries, attorneys’ fees, and other legal responsibilities,
of any form whatsoever, whether known or unknown, unforeseen,
unanticipated, unsuspected or latent, which Releasing Party or
Releasing Party’s heirs, administrators, executors,
successors in interest, and/or assigns have incurred or expect to
incur, or now own or hold, or have at any time heretofore owned or
held, or may at any time own, hold, or claim to hold by reason of
any matter or thing arising from any cause whatsoever prior to the
date of the Releasing Party’s execution of this Release.
2.
Without limiting the generality of the foregoing, and by way of
example only, I fully release and discharge each and all of the
Released Parties from any and all claims, demands, rights, and
causes of action that have been or could be alleged against any of
said Released Parties (a) in connection with my employment, prior
employment agreements, or the termination of such employment; (b)
in connection with any and all matters pertaining to my employment
by any of the Released Parties, including, but not limited to, any
and all compensation, salaries, wages, bonuses, commissions,
overtime, monies, pay, allowances, benefits, sick pay, severance
pay, retention pay or benefits, paid leave benefits, penalties,
1
interest, damages, and promises on any and all of
the above; and (c) under or in connection with the state and
federal age discrimination laws, as explained further in Section 3
below.
3.
Without limiting the scope of this Release in any way, I also
certify that this Release constitutes a knowing and voluntary
waiver of any and all rights or claims that exist or that I have or
may claim to have under the Federal Age Discrimination in
Employment Act (" ADEA "), as amended by the Older
Workers Benefit Protection Act of 1990 (" OWBPA "),
which is set forth at 29 U.S.C. § § 621, et
seq . This Release does not govern any rights or claims
that may arise under the ADEA after the date this Release is signed
by the Releasing Party.
4.
This Release extends to any and all claims including, but not
limited to, any alleged (a) violation of the National Labor
Relations Act, Title VII of the Civil Rights Act, the Americans
With Disabilities Act of 1990, the ADEA, as amended by the OWBPA,
the Fair Labor Standards Act, the Occupational Safety and Health
Act, the Consolidated Omnibus Budget Reconciliation Act of 1985;
(b) discrimination on the basis of national origin, sex, race,
religion, age, disability, marital status, or any other
characteristic protected by law, breach of any express or implied
employment contract or agreement, wrongful discharge, breach of the
implied covenant of good faith and fair dealing, intentional or
negligent infliction of emotional distress, fraud, misreprese
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