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Exhibit
10.1
RELEASE OF
CLAIMS
This RELEASE OF CLAIMS
(“Release”) is made and entered into by and between
Michael D. Gantt (“I” or “me”) and Fiserv,
Inc. (“Company”).
| 1. |
Termination of Employment . |
I agree that, effective on July 27,
2007, I have voluntarily resigned my employment with the
Company.
In consideration of the promises
exchanged in this Release, the Company agrees to provide to me a
one-time bonus in the amount of $150,000, from which the Company
will withhold employment and income taxes. This amount will be paid
to me within twenty-one (21) days of the date on which I sign
and return this Release to the Company, using the contact
information in Section 8A. I agree that this one-time bonus is
offered to me only because I have signed this Release and have
waived certain rights, as stated in this Release. By signing this
Release, I understand that I waive all rights to further payments
of any compensation or benefits.
In exchange for the Company’s
promises contained in this Release, I agree to irrevocably and
unconditionally release the Claims, as stated in Section 4,
which I may now have against the Company or any other Released
Parties. The “Released Parties” are the Company, all
related companies, partnerships, joint ventures and, with respect
to each of them, their predecessors, successors, past and present
employees, officers, directors, stockholders, owners,
representatives, assigns, attorneys, agents, insurers, employee
benefit programs (and administrators and insurers of such
programs), and any other persons acting by, through, under or in
connection with any of the persons or entities listed in this
Section.
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A. |
I understand and agree that I am releasing all known and
unknown claims, promises, causes of action, or similar rights of
any type that I may have (the “Claims”) against any
Released Party, except for those detailed in Section 5 below.
I further understand that the Claims I am releasing may arise under
many different laws (including statutes, regulations, other
administrative guidance, and common law doctrines), including, but
by no means limited to: |
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(i) |
Anti-discrimination statutes, such as the Age Discrimination in
Employment Act, the Older Workers Benefit Protection Act, and
Executive Order 11141, which prohibit age discrimination in
employment; Title VII of the Civil Rights Act of 1964,
Section 1981 of the Civil Rights Act of 1866, and Executive
Order 11246, which prohibit discrimination based on race, color,
national origin, religion, or sex; the Equal Pay Act, which
prohibits paying men and women unequal pay for equal work; the
Americans With Disabilities Act and Sections 503 and 504 of the
Rehabilitation Act of 1973, which prohibit discrimination based on
disability; and any other federal, state, or local laws prohibiting
employment or wage discrimination; |
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(ii) |
Employment
statutes, such as the WARN Act, which requires that advance notice
be given of certain work force reductions; the Employee Retirement
Income Security Act of 1974, which, among other things, protects
employee benefits; the Fair Labor Standards Act of 1938 and state
laws which regulate wage and hour matters;
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the Family and Medical Leave
Act of 1993 and any state family or medical leave laws, which
require employers to provide leaves of absence under certain
circumstances; the Sarbanes Oxley Act, and any other federal, state
or local laws relating to employment, such as veterans’
reemployment rights laws;
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(iii) |
Other laws, such as any federal, state, or local laws providing
workers’ compensation benefits, restricting an
employer’s right to terminate employees, or otherwise
regulating employment; any federal, state, or local law enforcing
express or implied employment contracts or requiring an employer to
deal with employees fairly or in good faith; |
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(iv) |
Tort and Contract Claims, such as claims for wrongful
discharge, physical or personal injury, emotional distress, fraud,
fraud in the inducement, negligent misrepresentation, defamation,
invasion of privacy, interference with contract or with prospective
economic advantage, breach of express or implied contract, breach
of covenants of good faith and fair dealing, and similar or related
claims; and |
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(v) |
Claims related to or under the Company’s arbitration
policy. |
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B. |
Examples of Released Claims include, but are not limited
to: |
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(i) |
Claims that in any way relate to my employment with the Company
or any other Released Party, or the termination of that employment,
such as Claims for compensation, bonuses, commissions, lost wages,
or unused accrued vacation or sick pay; |
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(ii) |
Claims that in any way relate to the design or administration
of any employee benefit program; |
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(iii) |
Claims that I have irrevocable or vested rights to severance or
similar benefits or to post-employment health or group insurance
benefits; or |
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(iv) |
any Claims to attorneys’ fees or other
indemnities. |
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C. |
I understand that I am releasing Cla |
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