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SEPARATION AGREEMENT AND RELEASE OF ALL CLAIMS

Release Agreement

SEPARATION AGREEMENT AND RELEASE OF ALL CLAIMS | Document Parties: FNBH BANCORP INC | First National Bank You are currently viewing:
This Release Agreement involves

FNBH BANCORP INC | First National Bank

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Title: SEPARATION AGREEMENT AND RELEASE OF ALL CLAIMS
Governing Law: Michigan     Date: 8/14/2009

SEPARATION AGREEMENT AND RELEASE OF ALL CLAIMS, Parties: fnbh bancorp inc , first national bank
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Exhibit 10.1

SEPARATION AGREEMENT AND RELEASE OF ALL CLAIMS

        This Separation Agreement and Release of All Claims (“Agreement”) is made between First National Bank in Howell (“Employer”) and Janice B. Trouba (“Employee”) as follows:

        1.        Termination of Employment . Employee’s employment is terminated effective June 15, 2009, (the “Separation Date”). Employee will be paid Employee’s salary and receive all benefits through Employee’s Separation Date. Except as set forth in this Agreement and for Employee’s vested rights, if any, under applicable retirement plans, all compensation and benefits from the Employer shall terminate on the Separation Date. Employee has no entitlement to further or future employment with the Employer and its related companies and agrees never to apply for or otherwise seek employment with the Employer or any related companies. If Employee applies for employment in violation of this section, Employer and its related companies are entitled to deny employment or, if hired, terminate employment based on this Agreement, without more.

        2.        Separation Payment . In exchange for the execution and non-revocation of this Agreement, Employer shall:

        a.        continue to pay Employee’s regular salary, less any applicable withholdings and deductions, for six (6) months. Employer shall make the first payment on Employer’s regular payroll payday occurring at least fourteen (14) days after Employee’s acceptance and non-revocation of this Agreement and shall continue to make payments on regular payroll paydays until the amount is paid in full.



        b.        Long Term Incentive . Employer agrees to fully vest 2041 shares of non-vested stock grants previously received by the Employee under the Long Term Incentive Plan.



Except as set forth in this Agreement, Employer shall not pay any other compensation to Employee. All other benefits to Employee shall terminate as of the Separation Date. Employee shall not accrue any paid time off, and Employer shall not contribute to any retirement or other plans. Employee acknowledges that the above compensation represents a sum to which Employee is not otherwise entitled.

        3.        Release of All Claims . In exchange for the Separation Payment above, Employee, for herself and any person or representative claiming through Employee, releases and forever discharges the Employer, its parent company, subsidiaries, and affiliated organizations, successors and assigns and their past and present directors, officers, employees, agents, attorneys, benefit plans and plan administrators, sureties and insurers (collectively “Releasees”) from all claims, liabilities, demands, costs, attorney fees, causes of action and damages, including all consequential and incidental damages, whether known or unknown, arising from the beginning of time to the date of this Agreement, including without limitation those relating directly or indirectly to Employee’s employment and officer status with Employer and all claims for personal injury, defamation, breach of contract, wrongful discharge, violation of due process or civil rights and violation of any federal, state or local statute, law or ordinance and the common law, including without limitation violation of the Employee Retirement Income Security Act, the Age Discrimination in Employment Act, Title VII of the Civil Rights Act, the Fair Labor Standards Act, the Family and Medical Leave Act, the Americans with Disabilities Act, the Equal Pay Act, the Michigan Elliott-Larsen Civil Rights Act, the Michigan Persons with Disabilities Act, the Michigan Wage and Fringe Benefits Act, the Michigan Whistleblower’s Protection Act, and/or any federal, state or local law regarding discrimination. Notwithstanding this Agreement, Employer acknowledges that Employee is not releasing any retirement and pension benefits which Employee is qualified and vested to receive, and benefits under COBRA if Employee so elects.


        Employee acknowledges that Employee does not have any personal injuries related to Employee’s employment with the Employer.

        Employee agrees that Employee shall not file or assert or permit to be filed or asserted any civil action, suit or legal proceeding in connection with any claim released in this Agreement. Employee agrees that she will not obtain or accept any relief if any such action, suit or proceeding is filed. However, the foregoing does not affect any right that Employee may have to file an administrative charge with the Equal Employment Opportunity Commission. If such a charge is filed, Employee agrees that she shall not obtain or accept any monetary award, recovery, settlement or relief therefrom. Additionally, nothing in this Agreement shall prevent Employee from filing a legal action to challenge whether the release in this Agreeme


 
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