Exhibit
10.1
MGP INGREDIENTS,
INC.
SEPARATION AGREEMENT AND RELEASE
OF CLAIMS
WHEREAS , this Separation Agreement and Release of Claims
(“Agreement”) is dated as of November 4, 2008 and is by
and between Brian Cahill (“Employee”) and MGP
Ingredients, Inc. (“Employer”);
WHEREAS , the undersigned employee has been involuntarily
downsized as a result of a restructuring;
WHEREAS , MGP Ingredients is making available to the
undersigned employee a separation benefit conditioned upon a
release of all claims by the undersigned employee; and
WHEREAS , the undersigned employee is not entitled
otherwise to any separation benefit and wishes to accept the
separation benefit described below.
The undersigned employee agrees as
follows:
1. In exchange for the separation benefit described
below, Brian Cahill ("Employee") releases and forever
discharges MGP Ingredients, Inc., its predecessors, successors,
assigns, officers, directors, stockholders, agents, employees, and
all related or subsidiary companies or divisions (collectively
referred to as "Employer") from all claims, demands, suits,
grievances, liabilities, or causes of action of any kind whatsoever
now existing including but not limited to those that in any way
relate to or are connected with or arise directly or indirectly out
of the employment of Employee by Employer or the termination of
that employment.
2. The claims released and discharged by Employee
as of the date of this Agreement include, but are not limited to,
claims that might be asserted under any federal, state or local
law, regulation, ordinance, or decision concerning employment,
discrimination in employment, or termination of employment
including but not limited to:
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The Age
Discrimination in Employment Act of 1967, as amended, 29
U.S.C. sec. 621, et seq.;
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The Employee
Retirement Income Security Act of 1974, as amended, 29 U.S.C. sec.
1001, et seq.;
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The Kansas Acts
Against Discrimination, as amended, Kan. State.
Ann. sec. 44-1001, et seq.;
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Title VII of
Civil Rights Act of 1964 as amended, 42 U.S.C. sec 2000e, et
seq.;
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Americans With
Disabilities Act, 42 U.S.C. sec. 12101, et seq.:
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The Civil Rights
Act of 1866, as amended, 42 U.S.C. sec. 1981;
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The Civil Rights
Act of 1991, 42 U.S.C. sec. 1981a; and
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Family and
Medical Leave Act.
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The claims released and discharged by Employee
also include, but are not limited to, any claim that Employer
breached any contract, express or implied, with Employee, made any
misrepresentations to Employee, discharged Employee in violation of
public policy, or acted wrongfully in any way toward
Employee. The claims released and discharged by Employee
also include, but are not limited to, any claim relating in any
manner to personal injuries, fringe benefits, medical, dental,
hospitalization, life, disability, or other insurance benefits,
pension or other retirement benefits, and any claims for attorney's
fees, reinstatement or rehire.
Employee further agrees not to initiate any legal
proceeding on Employee’s behalf against Employer based on any
fact or circumstance occurring up to and including the date of the
execution by Employee of this Agreement.
Employee's last date of employment will be
November 4, 2008 . By this Agreement, Employee
waives any claim for reinstatement and agrees not to seek
re-employment with Employer at any time in the
future. Employee agrees that any attempt to obtain
re-employment following his signing this Agreement will constitute
a breach of this Agreement, and that Employer may rely upon such
breach in refusing employment, or in discharging Employee from
employment.
3. The separation benefit shall be paid after the
revocation period for this Agreement has expired and shall be as
follows:
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Employee shall
receive gross compensation of Thirty-nine Hundred Sixty-five
Dollars and Thirty-eight Cents ($3,965.38) per week from November
3, 2008 until January 2, 2009. Employee shall also
receive one gross compensation check of Two Hundred Six Thousand
Two Hundred Dollars ($206,200.00) payable in January 2009.
Compensation checks will be paid at net pay after normal
deductions. The above amount is inclusive of accrued vacation that
was not paid prior to November 3, 2008. If Employee does
not acce
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