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SEPARATION AGREEMENT AND GENERAL RELEASE

Release Agreement

SEPARATION AGREEMENT AND GENERAL RELEASE | Document Parties: Acxiom Corporation You are currently viewing:
This Release Agreement involves

Acxiom Corporation

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Title: SEPARATION AGREEMENT AND GENERAL RELEASE
Date: 5/30/2008
Industry: Computer Services     Sector: Technology

SEPARATION AGREEMENT AND GENERAL RELEASE, Parties: acxiom corporation
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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


 
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