Exhibit 99.1
GENERAL WAIVER AND RELEASE OF
CLAIMS
As this is a
legal document, OfficeMax Incorporated (“the Company”)
hereby advises Eligible Officer in writing to consult with an
attorney prior to executing this agreement.
In
consideration of the Benefits set forth below and other good and
valuable consideration, the undersigned Eligible Officer agrees as
follows:
1.
Benefits.
·
Severance Pay . Pursuant to its Executive Officer Severance
Pay Policy (“the Policy”) and subject to the
Policy’s requirement that no benefits are due unless and
until an Eligible Officer executes and delivers to the Company a
General Waiver and Release of Claims in a form satisfactory to the
Company, the Company will pay Eligible Officer twelve (12) months
of severance pay based upon Eligible Officer’s base salary on
the date of Eligible Officer’s termination of employment.
Severance payments will begin on the first payday after Eligible
Officer’s termination of employment, provided the Revocation
Period expires without an effective revocation of this agreement,
and will continue on regular paydays thereafter. Severance payments
will be subject to applicable payroll deductions and
withholding.
·
Severance Payments End Upon Rehire. If Eligible Officer is
rehired by the Company or any of its subsidiaries or affiliates
during the period that severance payments are being paid, severance
pay will end on the day before the rehire date.
·
Healthcare Coverage . Provided Eligible Officer makes a
timely election under COBRA, Eligible Officer will be eligible to
receive health/dental/vision coverage at the associate rate for the
period while severance payments are being paid.
2.
Release.
a.
Eligible Officer, on behalf of him/herself, spouse, heirs,
executors, administrators, children, and assigns, does hereby
release and discharge the Company and its parents, subsidiaries,
affiliates, related organizations and employee benefit plans, and
all of their respective officers, trustees, directors, employees,
agents and shareholders (in their official and personal
capacities), and all of their successors and assigns from and for
all suits, charges, causes of action, claims and demands, whether
known or unknown, that Eligible Officer may have as of the date
that Eligible Officer executes this General Waiver and Release of
Claims, including without limitation, those arising out of, or in
any way related to Eligible Officer’s employment with and
termination of employment from the Company. This General Waiver and
Release of Claims includes but is not limited to all claims in
common law, contract and tort, including but not limited to claims
for wrongful or retaliatory discharge, breach of express or implied
contract, defamation or intentional infliction of emotional
distress, and any claims under any federal, state and local
statute, ordinance and regulation, including but not limited to
Title VII of the Civil Rights Act of 1964, the Civil Rights Acts of
1866 and 1871, The Worker Adjustment and Retraining Notification
Act of 1988, the National Labor Relations Act,
the Age Discrimination in
Employment Act (“the ADEA”) , the Fair Labor
Standards Act, the Americans with Disabilities Act, the Family and
Medical Leave Act, the Employees Retirement Income Security Act,
the Equal Pay Act, and state or local employment discrimination and
wage payment law. This release does not include the release of
(i) any vested retirement benefits for which Eligible Officer
is eligible in accordance with the express and written terms of
the
