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 Robert Conlee.
Parties
1.
Nu Skin . As used herein, Nu Skin 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 subsidiary of Nu Skin
International, Inc.
2.
Employee . As used herein, Employee shall mean and refer to
Robert Conlee.
Background
Employee was
hired on December 12, 1991 and has been an at-will employee of Nu
Skin since that date. On July 4, 2007, the relationship ended. As
Employee and Nu Skin sever their employment relationship, they
mutually agree it is in the best interests of both 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
Employee a severance payment of $300,962, less federal and state
withholding taxes and other applicable deductions made up of (a)
Vesting Employee’s Deferred Compensation in the amount of
$187,515 with payout as elected and (b) a lump sum cash payout of
$113,447. Nu Skin shall reimburse claims within thirty (30) days
made against Employee’s Cafeteria Plan account for
Employee’s period of employment.
2.
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, Employee does not waive any rights to unemployment
insurance benefits or worker’s compensation benefits.
Employee further understands that nothing in this Paragraph 2
prohibits Employee from paying COBRA premiums to maintain
Employee’s participation in Nu Skin’s group health plan
to the extent allowed by law and subject to the terms, conditions,
and limitations set forth in Nu Skin’s group health
plan.
Employee will
continue to be covered by Nu Skin’s medical and dental
benefits through the last day of the month in which the employment
terminates. Except as expressly set forth herein, all employee
benefits available to Employee under current policies of Nu Skin
will cease at 11:59 p.m. on July 31, 2007.
3.
Employee acknowledges that Employee is waiving and releasing any
rights Employee may have u
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