Back to Form 8-K
Exhibit 10.2
EXHIBIT A
WAIVER AND RELEASE
AGREEMENT
THIS
WAIVER AND RELEASE AGREEMENT (this “ Release ”)
is entered into as of [______________] (the “ Effective
Date ”), by Adam Miller (the “ Executive
”) in consideration of severance pay and benefits (the
“ Severance Payment ”) provided to the Executive
by Comprehensive Health Management, Inc., a Florida corporation
(the “ Corporation ”), pursuant to clauses (b),
(c) and (d) of Section 3.3.2 of the Severance Agreement by and
between the Corporation and the Executive (the “ Severance
Agreement ”).
1.
Waiver and Release . Subject to the last
sentence of the first paragraph of this Section 1, the Executive,
on his own behalf and on behalf of his heirs, executors,
administrators, attorneys and assigns, hereby unconditionally and
irrevocably releases, waives and forever discharges the Corporation
and each of its affiliates, parents, successors, predecessors, and
the subsidiaries, directors, owners, members, shareholders,
officers, agents, and employees of the Corporation and its
affiliates, parents, successors, predecessors, and subsidiaries
(collectively, all of the foregoing are referred to as the “
Employer ”), from any and all causes of action, claims
and damages, including attorneys’ fees, whether known or
unknown, foreseen or unforeseen, presently asserted or otherwise
arising through the date of his signing of this Release, concerning
his employment or separation from employment. Subject to
the last sentence of the first paragraph of this Section 1, this
Release includes, but is not limited to, any payments, benefits or
damages arising under any federal law (including, but not limited
to, Title VII of the Civil Rights Act of 1964, the Age
Discrimination in Employment Act, the Employee Retirement Income
Security Act of 1974, the Americans with Disabilities Act,
Executive Order 11246, the Family and Medical Leave Act, and the
Worker Adjustment and Retraining Notification Act, each as
amended); any claim arising under any state or local laws,
ordinances or regulations (including, but not limited to, any state
or local laws, ordinances or regulations requiring that advance
notice be given of certain workforce reductions); and any claim
arising under any common law principle or public policy, including,
but not limited to, all suits in tort or contract, such as wrongful
termination, defamation, emotional distress, invasion of privacy or
loss of consortium. Notwithstanding any other provision
of this Release to the contrary, this Release does not encompass,
and Executive does not release, waive or discharge, the obligations
of WellCare and/or the Corporation (a) to make the payments and
provide the other benefits
