|
Exhibit 10.1
SEPARATION AGREEMENT BETWEEN
GERBER SCIENTIFIC, INC. AND BERNARD J. DEMKO
This
Agreement is a contract between Bernard J. Demko ("you") and Gerber
Scientific, Inc., its predecessors, successors in interest,
affiliates, divisions, subsidiaries, directors, officers, agents,
fiduciaries, and employees (collectively "Gerber" or "the
Company"), relating to your separation from Gerber effective on
July 18, 2007. You should thoroughly review and understand the
Agreement before signing it. GERBER FURTHER ADVISES YOU TO
CONSULT AN ATTORNEY BEFORE SIGNING THIS AGREEMENT .
You
agree that you would not be entitled to receive these items in the
absence of this Agreement and had you remained employed by Gerber
and not resigned in accordance with this Agreement, and you further
agree that you shall not receive, and are not entitled to receive,
any further payment or benefit from Gerber.
In
addition, upon receipt of all documentation of reasonable expenses
that are outstanding you have incurred on behalf Gerber, you will
he reimbursed for such expenses and will receive all outstanding
vacation pay due you in the amount of $25,000.00, less appropriate
deductions for tax purposes, payments for expenses already
submitted will be paid in the next accounts payable check run and
payments for vacation will be paid in the next pay period.
Gerber
will not issue any report to any third parties regarding you or
your activities at Gerber other than a Form 8K/A filed with the
Securities and Exchange Commission for the purpose of indicating
that your separation date has changed to July l8, 2007. If any
inquiry is made by any regulatory or governmental agency or other
third party by legal means implicating such activities, Gerber will
necessarily respond forthrightly.
B. RELEASE AND WAIVER: In exchange for the payments and
benefits to you described above, you agree to release Gerber, its
past, present and future affiliates, officers, directors,
employees, and agents, from any and all claims or demands, known or
unknown, which you ever had, may have had, now have, or which your
heirs, executors or administrators hereinafter shall have or may
have against Gerber, including but not limited to those which are
related in any way to your employment with Gerber or the
termination of that employment. You agree that you have executed
this Agreement on your own behalf, and also on behalf of any heirs,
agents, representatives, successors and assigns that you may have
now or in the future.
You
also agree that this Release and Waiver covers, but is not limited
to, claims arising under: Title VII of the Civil Rights Act of
1964, as amended; the Employee Retirement Income Security Act of
1974, as amended (also known as "ERISA"); the Americans with
Disabilities Act of 1990; the Age Discrimination in Employment Act,
as amended ("ADEA"); the Connecticut Fair Employment Practices Act;
any other federal, state or local law dealing with discrimination
on any basis, including sex, race, national origin, veteran status,
marital status, religion, disability, sexual orientation, reservist
status, or age; any other federal, state or local law or regulation
or any common law governing the payment of wages, commissions or
any other form of compensation; any public policy, contract, tort,
or common law; or any claim for costs, fees, or other expenses
including attorneys' fees incurred in these matters. Your Release
and Waiver covers all complaints
|