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3.
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You acknowledge and agree that
you are not otherwise entitled to receive the Severance Payment
unless you agree to the terms of this Release Agreement. In
exchange for the Severance Payment, you, on behalf of yourself and
your heirs, executors, administrators, successors and assigns,
hereby knowingly and voluntarily release the Company and any and
all of its parent, subsidiary, affiliated or related companies,
together with each of their officers, stockholders, directors,
employees, agents, insurers and reinsurers, attorneys and
representatives, and all of their, predecessors, successors, heirs,
and assigns (collectively, the “ Releasees ”),
from all claims, demands, causes of action, obligations, damages
and liabilities of every kind or character whatsoever, whether
presently known or unknown, suspected or unsuspected, both in law
and equity (“ Claims ”), which you ever had, now
have or may hereafter claim to have against any of the Releasees by
reason of any matter, cause or thing whatsoever arising from the
beginning of time until the date you sign this Release Agreement
(the “ Release ”). T
HIS R ELEASE INCLUDES , WITHOUT LIMITATION , ANY C LAIMS IN CONNECTION WITH YOUR EMPLOYMENT AND / OR THE TERMINATION OF YOUR EMPLOYMENT ; C LAIMS OF LIBEL , SLANDER , WRONGFUL DISCHARGE , INTENTIONAL INFLICTION OF EMOTIONAL HARM , FRAUD OR ANY OTHER STATE OR FEDERAL TORT ; C LAIMS UNDER ANY STATUTE OR REGULATION , INCLUDING BUT NOT LIMITED TO , THE A GE D ISCRIMINATION IN E MPLOYMENT A CT OF 1967, THE O LDER W ORKERS B ENEFIT P ROTECTION A CT , THE A MERICANS WITH D ISABILITIES A CT OF 1990, T ITLE VII OF THE C IVIL R IGHTS A CT OF 1964, THE C IVIL R IGHTS A CT OF 1991, S ECTIONS 1981 THROUGH 1988 OF T ITLE 42 OF THE U NITED S TATES C ODE , THE E MPLOYEE R ETIREMENT I NCOME S ECURITY A CT OF 1974, THE W ORKER A DJUSTMENT AND R ETRAINING N OTIFICATION A CT OF 1988, THE F AMILY AND M EDICAL L EAVE A CT OF 1993, THE S ARBANES O XLEY A CT OF 2002, EACH AS AMENDED , OR UNDER ANY OTHER FEDERAL , STATE OR LOCAL LAW , REGULATION , ORDINANCE OR COMMON LAW ; AND ALL C LAIMS UNDER ANY POLICY , AGREEMENT , UNDERSTANDING OR PROMISE , WRITTEN OR ORAL , FORMAL OR INFORMAL , BETWEEN YOU AND THE C OMPANY OR ANY OF THE OTHER R ELEASEES . The
parties recognize, however, that nothing contained in this Release
shall (i) release any claim that cannot be waived under
applicable law, including but not limited to, any rights to
indemnification under applicable state law, (ii) release any
claim that first arises after the Release Effective Date,
(iii) affect any vested employee benefits or pension payments
to which you may be entitled under any of the Company’s
existing employee benefit plans (as defined in 29 U.S.C.
§1002(3)), (iv) release any claim for compensation under
the (a) AMCORE Investment Services, Inc. Financial Advisor and
Licensed Banker Compensation Plan, (b) AMCORE Bank N.A.
Mortgage Loan Originator, Authorized Staff and Mortgage Team Leader
Compensation Plan, (c) AMCORE Investment Group a division of
AMCORE Bank, N.A. Retirement Plan Services Specialist Compensation
Plan, and/or (d) AMCORE Investment Group a division of
AMCORE Bank, N.A. Insurance Sales Advisor & Insurance
Sales Manager Compensation Plan (collectively, the “
Incentive Compensation Plans ”) (which claims, if any,
shall be governed solely by the terms of those Incentive
Compensation Plans, applicable state and federal
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