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SETTLEMENT AND RELEASE AGREEMENT

Settlement Agreement

SETTLEMENT AND RELEASE AGREEMENT | Document Parties: NU SKIN ENTERPRISES INC |  Lori Bush. You are currently viewing:
This Settlement Agreement involves

NU SKIN ENTERPRISES INC | Lori Bush.

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Title: SETTLEMENT AND RELEASE AGREEMENT
Date: 5/10/2006
Industry: Personal and Household Prods.    

SETTLEMENT AND RELEASE AGREEMENT, Parties: nu skin enterprises inc ,  lori bush.
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SETTLEMENT AND RELEASE AGREEMENT

        THIS SETTLEMENT AND RELEASE AGREEMENT is entered into in Provo, Utah, by and between Nu Skin International, Inc., 75 West Center Street, Provo, Utah 84601, and Lori Bush.

Parties

        1.        Nu Skin or Company . As used herein, Nu Skin or Company shall mean and refer to Nu Skin International, Inc., or any affiliate of Nu Skin International, Inc. Affiliate means any person or entity that controls, is controlled by or is under common control with Nu Skin International, Inc., including, without limitations, any direct or indirect parent or subsidiary of Nu Skin International, Inc., or any officer, director, shareholder, employee, or agent of Nu Skin International, Inc., or of any parent or direct or indirect subsidiary of Nu Skin International, Inc.

        2.        Employee . As used herein, Employee shall mean and refer to Lori Bush.

Background

        Employee was hired on February 28, 2000 and has been an at-will employee of Nu Skin since that date. On March 31, 2006, the relationship ended. As Employee and Nu Skin sever their employment relationship, they mutually agree it is in the best interests of both parties to enter into a mutual understanding, settle and compromise of all claims and disputes, if any, between them.

Agreement

        Now, therefore, in consideration of the foregoing, the mutual promises and covenants set forth herein, and for other good and valuable consideration, the receipt, adequacy, and legal sufficiency of which are hereby acknowledged, the parties mutually agree as follows:

        1.        Upon the effective date of this Agreement, Nu Skin agrees to pay in a lump sum to Employee a severance payment of $800,000.00, less federal and state withholding taxes and other applicable deductions. Nu Skin shall reimburse claims made within thirty (30) days against Employee’s Cafeteria Plan account for Employee’s period of employment

        2.        In consideration for the amount and statements set forth in paragraph 1 hereof, Employee shall not accept employment with, engage in or participate, directly or indirectly, individually or as an officer, director, employee, shareholder, consultant, partner, joint venturer, agent, equity, equity owner, distributor, or in any other capacity whatsoever, with any direct sales or multi-level marketing company that competes with the business of Nu Skin whether for market share of products or for independent distributors in a territory in which Nu Skin is doing business. The restrictions set forth in this paragraph shall remain in effect for a period of eighteen months following the termination of employment.

        The Employee acknowledges: (a) that compliance with the restrictive covenant contained in this paragraph is necessary to protect the business and goodwill of Nu Skin and (b) that a breach will result in irreparable and continuing damage to Nu Skin, for which money damages may not provide adequate relief. Consequently, Employee agrees that, in the event that she breaches or threatens to breach this restrictive covenant or violates or breaches this Agreement, Nu Skin shall be entitled to: (1) a preliminary or permanent injunction to prevent the continuation of harm, (2) money damages insofar as they can be determined, (3) recover from Employee the monies paid to Employee pursuant to paragraph 1 above, and (4) attorneys fees. Nothing in this agreement shall be construed to prohibit Nu Skin from also pursuing any other remedy, the parties having agreed that all remedies are cumulative.

        It is further recognized and agreed that the covenant set forth herein is for the purpose of restricting Employee’ activities to the extent necessary for the protection of the legitimate business interests of Nu Skin and that Employee agrees that said covenant does not and will not preclude her from engaging in activities sufficient for the purpose of earning a living. Should Employee breach, in the sole opinion of Nu Skin, this restrictive covenant or any of the restrictive covenants found in Employee Key-Employee Covenants Agreement enumerated in part under paragraph 6 of this Agreement, Nu Skin shall have the right to stop making payments to Employee under this Agreement.

        3.        Further, in consideration for the amounts and statements set forth in Paragraph 1 hereof, Employee, all persons and entities claiming by, through, or under Employee, hereby completely releases Nu Skin from all claims, charges, demands, grievances, and/or causes of action which Employee had, has, or may claim to have based on, arising from, or relating to Employee’s employment with Nu Skin or the termination thereof, including, without limitation, any claims, charges, demands, grievances, and/or causes of action under:

 

(a)

 

Title VII of the Civil Rights Acts of 1964 and 1991, as amended, which prohibit discrimination on the basis of race, color, sex, religion, or national origin;



 

(b)

 

Section 1981 of the Civil Rights Act of 1866, which prohibits discrimination on the basis of race;



 

(c)

 

The Employee Retirement Income Security Act as of the effective date of this Agreement;



 

(d)

 

any state laws against discrimination;



 

(e)

 

any other federal, state, or local statute or common law relating to employment; or



        The foregoing release also includes, without limitation, release of any claims for wrongful discharge, breach of express or implied contract of employment, employment-related torts, personal injury (whether physical or mental), or any other claims in any way related to Employee’s employment with or separation from Nu Skin. Employee acknowledges and agrees that Employee has not been discriminated against in any manner prohibited by law during Employee’s employment with Nu Skin or with regard to Employee’s separation from employment with Nu Skin.

        Notwithstanding the foregoing, E


 
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