|
Exhibit 10(w)
SEPARATION AGREEMENT
AND GENERAL RELEASE
This Separation Agreement and General Release
(“Agreement”) is entered into as of the 6th day of
March, 2008, between Acxiom Corporation, its successors and current
and former subsidiaries, affiliates, officers, directors,
employees, representatives, insurers, agents and
assigns (“Acxiom”), and Rodger S. Kline
(“Associate”).
|
|
1.
|
Associate’s employment with Acxiom shall be
severed effective May 31, 2008 (“Separation Date”),
under the following terms and conditions:
|
|
|
a.
|
Associate acknowledges that he is an “at
will” employee and does not have any right to severance
benefits under Acxiom’s policies or any other understanding
or agreement with Acxiom that would entitle him to severance
benefits. In consideration for Associate’s execution of this
Agreement, Acxiom agrees to provide the additional benefits
described in Exhibit A attached to and made part of this
Agreement.
|
|
|
b.
|
In exchange for the consideration set forth in
Exhibit A, Associate agrees to unconditionally release and
discharge Acxiom from all claims, obligations and liabilities
Associate has or may have had, whether known or unknown, suspected
or unsuspected up to and as of the date of the execution of this
Agreement, arising out of or related to Associate’s
employment, separation from Acxiom and any other contact or
association with Acxiom. Such claims include, without limitation,
those for: personal injuries; compensatory, punitive, and
liquidated damages; wages, salaries, commissions, and bonuses;
deductions; back pay; front pay; reinstatement; court costs;
attorneys’ fees; intentional infliction of emotional
distress; tort; express or implied contract; wrongful discharge;
and/or for any other known or unknown causes, claims or demands
which Associate has or may have had against Acxiom. This Agreement
specifically releases and discharges Acxiom from, without
limitation, any and all claims Associate has or may have had
against Acxiom under:
|
|
|
i.
|
Title VII of the Civil Rights Act of 1964, Section
1981 of the Civil Rights Act of 1866, Section 1981A of the Civil
Rights Act of 1991, and Executive Order 11246, which prohibit
discrimination based on race, color, national origin, religion, or
sex;
|
|
|
ii.
|
the Age Discrimination in Employment Act and
Executive Order 11141, which prohibit age discrimination in
employment;
|
|
|
iii.
|
the Americans with Disabilities Act of 1990 and
Sections 503 and 504 of the Rehabilitation Act of 1973, which
prohibit discrimination on account of disability;
|
|
|
iv.
|
the Fair Labor Standards Act of 1938, which
regulates wage and hour matters;
|
O:\Corporate Legal\SECC\10-K\10K
2008\Edgar\ex10(w)klinesepagmt.htm
|
|
v.
|
the Equal Pay Act of 1963, which prohibits paying
men and women unequal pay for equal work;
|
|
|
vi.
|
the Consolidated Omnibus Budget Reconciliation Act
of 1985, which requires employers under certain circumstances to
offer continued health coverage after an employee’s
separation of employment;
|
|
|
vii.
|
the Employee Retirement Income Security Act which,
among other things, protects employee benefits;
|
|
|
viii.
|
the Older Worker Benefit Protection Act;
|
|
|
ix.
|
the Arkansas Civil Rights Act of 1993;
|
|
|
x.
|
the Family and Medical Leave Act, which requires
employers to provide leaves of absence under certain
circumstances;
|
|
|
xi.
|
the Occupational Safety and Health Act;
|
|
|
xii.
|
state or federal common law; and/or
|
|
|
xiii.
|
any local, state, or federal law
whatsoever,
|
each as amended. Associate acknowledges that this is
a knowing and voluntary waiver. Associate waives all seniority
rights he may have with Acxiom, and Associate expressly waives any
claim for reinstatement by Acxiom.
|
|
c.
|
This waiver and release does not apply to or waive:
1) Associate’s rights to enforce this Agreement; 2) any
rights Associate may have under applicable workers’
compensation or unemployment compensation statutes; or 3) any right
to continuation of health care coverage under the Consolidated
Omnibus Reconciliation Act.
|
|
|
d.
|
In exchange for the consideration set forth in
Exhibit A, Associate agrees to the following terms and
conditions:
|
|
|
i.
|
For a period of one year following the Separation
Date, Associate will not compete with Acxiom by soliciting business
from any Acxiom customer. Associate acknowledges that the purpose
of this paragraph is to protect Acxiom's legitimate business
interests and market advantages from unfair competition by
Associate and not to interfere with ordinary competition or to
deprive Associate of a livelihood. Associate agrees that the
restrictions in this subparagraph, in view of the n
|
|