Back to top

SEPARATION AGREEMENT AND RELEASE

Release Agreement

SEPARATION AGREEMENT AND RELEASE | Document Parties: METAVANTE TECHNOLOGIES, INC. You are currently viewing:
This Release Agreement involves

METAVANTE TECHNOLOGIES, INC.

. RealDealDocs™ contains millions of easily searchable legal documents and clauses from top law firms. Search for free - click here.
Title: SEPARATION AGREEMENT AND RELEASE
Date: 10/6/2009
Industry: Regional Banks     Sector: Financial

SEPARATION AGREEMENT AND RELEASE, Parties: metavante technologies  inc.
50 of the Top 250 law firms use our Products every day

Exhibit 10.1

SEPARATION AGREEMENT AND RELEASE

Date Provided to Employee: September 30, 2009

In order to receive severance benefits under my Change of Control Agreement with Metavante Technologies, Inc. (my “Change of Control Agreement”), I understand that I must sign and return this Release to the Chief Executive Officer of Metavante. I must do so within 21 calendar days from the date my employment is terminated.

I understand that my employment with Metavante has been terminated effective as of the closing (the “Closing”) of the pending merger between Metavante and a subsidiary of Fidelity National Information Services, Inc. (“Fidelity”). I understand that regardless of whether I sign this release, I am entitled to certain unconditional benefits described in my Change of Control Agreement. I also understand that I will receive the conditional benefits described in my Change of Control Agreement after signing this release.

 

 

1.

General Release of Claims .

Except as set forth in Section 3 and Section 15, I, for myself, my heirs, administrators, representatives, executors, successors and assigns (collectively, the “Releasers”) hereby irrevocably and unconditionally release, acquit and forever discharge Metavante from, and covenant not to sue Metavante with respect to, any and all claims I have against Metavante.

 

 

2.

Claims to Which Release Applies .

This release applies both to claims that are now known or are later discovered. However, this release does not apply to any claims that may arise after the date I execute the release. Nor does this release apply to any claims that may not be released under applicable law.

 

 

3.

Claims Released .

The claims released include, but are not limited to, (1) claims arising under the Age Discrimination in Employment Act as amended (29 U.S.C. Section 621 et seq.), (2) claims arising out of or relating in any way to my employment with Metavante or the conclusion of that employment (including any right under my Change of Control Agreement to any prior notice of termination of my employment required thereunder) and (3) claims arising under any other federal, state or local law, regulation, ordinance or order that regulates the employment relationship except for vested benefits to be provided under employee benefit plans and amounts due under the Change of Control Agreement. For the avoidance of doubt, I understand that I shall have no rights to any additional severance or bonus payments other than what is described in Appendix A.


Timothy Oliver – Separation Agreement and Release

 

 

4.

Release Covers Claims Against Related Parties .

For purposes of this release the term Metavante includes Metavante Technologies, Inc. and any of its present, former and future owners, parents, affiliates and direct and indirect subsidiaries, divisions and related entities and its and their current and former directors, officers, shareholders, trustees, employees, consultants, independent contractors, agents, servants, representatives, predecessors, successors, including, without limitation, Fidelity National Information Services, Inc., and assigns. Therefore, the claims released include claims I have against any such persons or entities.

 

 

5.

The Terms “Claims” and “Release” are Construed Broadly .

As used in this release, the term “claims” shall be construed broadly and shall be read to include, for example, the terms “rights”, causes of action (whether arising in law or equity)”, “damages”, “demands”, “obligations”, “grievances” and “liabilities” of any kind or character. Similarly, the term “release” shall be construed broadly and shall be read to include, for example, the terms “discharge” and “waive”.

 

 

6.

Release Binding on Employee and Related Parties .

This release shall be binding upon me and my agents, attorneys, personal representatives, executors, administrators, heirs, beneficiaries, successors, and assigns.

 

 

7.

Additional Consideration .

I have executed this release in consideration for the additional benefits under my Change of Control Agreement that are described in Appendix A to this Release. I acknowledge that these benefits represent consideration in addition to anything of value that I am otherwise entitled to receive from Metavante. These severance benefits are sufficient to support this release.

 

 

8.

Additional Obligations .

I hereby agree to make myself reasonably available to Fidelity, Metavante and their affiliates from time to time during the thirty (30) day period immediately following the Closing (the “Transition Period”) to provide transition services as may be reasonably requested by the Chief Executive Officer of Fidelity (the “Transition Services”); provided, however, that in no event shall I be required to provide Transition Services for more than 30 hours during the Transition Period; and provided, further, that I will not be prohibited from working for other individuals or entities during the Transition Period to the extent such work does not interfere with the Transition Services or my obligations under my Change of Control Agreement.


Timothy Oliver – Separation Agreement and Release

I agree that this release does not waive, modify or amend any obligations that I may have with respect to Metavante following my termination of employment, including without limitation, any non-competition or other restrictive covenants that I am subject to.

 

 

9.

All Representations in Documents .

In entering into this release I acknowledge that I have not relied on any verbal or written representations by any Metavante representative. I agree that I am not entitled to any other severance benefits except those described in this release and in my Change of Control Agreement.

 

 

10.

Opportunity to Consider this Release; Consultation with Attorney .

I have read this release and fully understand its terms. I have been offered at least 45 days to consider its terms. I have been (and am again hereby) advised in writing to consult with an attorney before signing this release.

 

 

11.

Voluntary Agreement .

I have entered into this release knowingly and voluntarily and understand that its terms are binding on me. I understand that my rights hereunder, including without limitation the additional benefits that are described in Appendix A, may not be sold, transferred, pledged, assigned, or otherwise alienated or hypothecated, other than by will or by the laws of descent and distribution.

 

 

12.

Partial Invalidity of Release .

If any part of this release is held to be unenforceable, invalid or void, then the balance of this release shall nonetheless remain in full force and effect to the extent permitted by law.

 

 

13.

Headings .

The headings and subheadings in this release are inserted for convenience and reference only and are not to be used in construing the release.

 

 

14.

Applicable Law .

Wisconsin law will apply in connection with any dispute or proceeding concerning this release.

 

 

15.

Relationship of Severance Benefits to My Rights Under Other Benefit Plans .

 


Timothy Oliver – Separation Agreement and Release

I understand that severance benefits payable to me shall not be taken into account for purposes of determining my benefits under any other qualified or nonqualified plans of Metavante. Nothing in this Releas


 
SITE SEARCH

AGREEMENTS / CONTRACTS

Document Title:

Entire Document: (optional)

Governing Law:(optional)


Try our advanced search >>
 

CLAUSES

Search Contract Clauses >>

Browse Contract Clause Library>>

Get Email Updates
Email:
This is only a partial view of this document. We have millions of legal documents and clauses drafted by top law firms. learn more search for free browse for free learn more