Exhibit 10.36
SEPARATION AGREEMENT
1. Ben Beckham
(“Employee”) is an employee of Lifecore Biomedical,
Inc. (“Lifecore”), who has separated from his
employment with Lifecore.
2. Upon Employee’s
execution of this Separation Agreement (“Agreement”),
Lifecore will pay Employee his current base salary, less all
customary withholding and deductions, for a period of six
(6) months, commencing with the first pay period after the
fifteen (15) day rescission period has elapsed.
3. Employee acknowledges that he
has no further claim to any other items of compensation or benefits
not specifically described in paragraph 2. Employee further
acknowledges that he was not otherwise entitled to the payments
described in paragraph 2, and that they are being provided in
exchange for his execution of this Agreement.
4. For the consideration
expressed herein, Employee hereby releases and discharges Lifecore
and its officers, employees, agents, insurers, representatives,
shareholders, directors, successors and/or assigns from all
liability for damages or claims of any kind and agrees not to
institute any action against Lifecore for any such claims
including, but not limited to, any claims arising under or based
upon the Minnesota Human Rights Act, Minn. Stat. §§
363A.01 et seq .; the Americans With Disabilities
Act, 42 U.S.C. §§ 12101 et seq .; Title VII
of the Civil Rights Act, 42 U.S.C. §§ 2000e et
seq .; or the Age Discrimination in Employment Act, 29
U.S.C. §§ 621 et seq .; and any other
statutory, contract, quasi contract, or tort claims, whether
developed or undeveloped, arising from or related to
Employee’s employment with Lifecore and/or the cessation of
Employee’s employment with Lifecore. Employee and Lifecore
agree
that, by
signing this Agreement, Employee does not waive any claims arising
after the execution of this Agreement.
Employee also understands and agrees
that he is waiving the right to monetary damages or other
individual legal or equitable relief awarded by any governmental
agency related to any claim against Lifecore arising from or
relating to Lifecore’s hiring of Employee, Employee’s
employment with Lifecore, the cessation of Employee’s
employment with Lifecore, or any other actions, decisions, alleged
omissions, or events occurring up through the date of
Employee’s signing of this Agreement.
5. Employee is hereby informed
of his right to rescind this Agreement as far as it extends to
potential claims under Minn. Stat. §§ 363A.01 et
seq . by written notice to Lifecore within fifteen
(15) calendar days following the execution of this Agreement.
To be effective, such written notice must either be deliv
