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Exhibit 10.32
RELEASE AND
SETTLEMENT AGREEMENT
This Agreement
is made the day and year hereunder written between:
BIOMIRA INC.
("Biomira")
—and—
DR. ALEX McPHERSON
("McPherson")
WHEREAS
McPherson was employed by Biomira as the President and Chief
Executive Officer;
AND WHEREAS
both of the parties hereto have reached a settlement in regard to
the retirement of McPherson from employment in accordance with the
terms and conditions hereinafter set forth;
NOW THEREFORE,
in consideration of the premises and mutual covenants and agreement
herein contained, the parties hereto agree as follows:
1. RETIREMENT
FROM EMPLOYMENT
- 1.1
- McPherson hereby resigns from his employment
with Biomira effective the 17 th day of May, 2006
(hereinafter referred to as the "Retirement Date").
- 1.2
- All agreements pertaining to or in any way
related to the said employment and made between the parties hereto,
prior to the date of this Agreement, shall be null and void and of
no further force and effect as of the Retirement Date.
- 1.3
- Immediately following the date of this
Agreement, Biomira shall pay to McPherson the sum of Fifty Thousand
Nine Hundred and Eighty Five ($50,985.00) Dollars as a retiring
allowance.
2. WITHDRAWAL OF
LEGAL PROCEEDINGS
-
McPherson agrees to discontinue any pending or
commenced applications, grievances, actions and complaints filed
with any board or tribunal, including the Labour Relations Board,
the Workers' Compensation Board, the Alberta Human Rights and
Citizenship Commission or any Court, relating to employment with
Biomira, including but not limited to any salary, disability or
benefit matters. McPherson further agrees that such discontinuance
and withdrawal will be done at McPherson's expense and, provided
that Biomira is not in default of any of its obligations contained
in this Agreement, McPherson agrees not to commence any further
applications, grievances, actions or complaints relating to
employment with Biomira. McPherson further agrees that by executing
this Release and upon Biomira fulfilling its obligations herein,
all applications, grievances, actions and complaints filed with any
board or tribunal, including the Labour Relations Board, the
Alberta Human Rights and Citizenship Commission or any Court, shall
be deemed settled.
3. RELEASES,
INDEMNITIES AND ACKNOWLEDGMENTS
- 3.1
- Provided that Biomira is not in default of any
of its obligations contained in this Agreement, McPherson hereby
remises, releases and discharges Biomira, its subsidiaries and
affiliates, or their respective servants, owners, members,
shareholders, employees, agents, directors, officers, successors
and assigns and their respective insurers, jointly and severally of
and from any and all action, cause and causes of actions,
contracts, whether expressly or implied, suits, debts, dues, sums
or money, expenses, indemnity expenses, claims and demands for
damages, loss or injury, c
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