EXHIBIT 10
RELEASE AND WAIVER AGREEMENT
This Release and Waiver Agreement ("Agreement") is between Xxxxxx
Xxxxxx and Xxxxxxxx Stores Inc. and all past, present and future subsidiaries
and affiliates of Xxxxxxxx Stores Inc. individually and collectively referred
to as ("the Company").
1. Complete Release. In consideration for $49,038.54 in severance
pay, $8,653.92 in unused vacation and continued medical and dental coverage
through September 19, 1998 (at my normal contribution rate), which I agree is
sufficient consideration and is in excess of anything of value to which I am
otherwise entitled, including any earned wages or benefits due and owing me,
I release, waive, and fully discharge the Company and all present and former
employees, officers, directors, shareholders, and agents of the Company, from
any and all charges, causes of action, damages, claims or demands, whether
known or unknown at this time, arising out of, connected with, or based on my
employment and separation from employment with the Company, including, but
not limited to, those based on contract, personal injury, tort, common law,
employment discrimination, the Age Discrimination in Employment Act of 1967
(as amended) ("ADEA") and any and all other federal, state or local laws or
ordinances.
2. Non-Release of Future Claims. This Agreement does not waive or
release any rights or claims that I may have under the ADEA which arise after
the date I sign this Agreement.
3. 21 Day Period for Review and Consideration of Agreement. I
understand that I have been given a period of at least 21 days to review and
consider this Agreement before signing it.
4. Encouragement to Consult with Attorney. I acknowledge that I have
been advised in writing to consult with an attorney before signing this
Agreement.
5. Employee's Right to Revoke Agreement. I may revoke this Agreement
for a period of seven (7) calendar days after signing it. This Agreement is
not effective or enforceable until this revocation period has expired. I
understand that any revocation to be effective must be in writing and either:
(1) post-marked within seven (7) days of execution of this Agreement and
addressed to the Vice President, Personnel, Xxxxxxxx Stores Inc., 0000
Xxxxxxx xxxx, Xxxxxxx, Xxxxxxxx 00000. I understand that if revocation is
made by mail, mailing by certified mail, return receipt requested, is
recommended to show proof of mailing. If I revoke this Agreement it shall not
be effective or enforceable and I will not receive the consideration set
forth in Paragraph 1 above.
6. Entire Agreement. I agree no oral or written statement have been
made by the Company which vary the terms of this Agreement and that this
constitutes the entire Agreement between myself and the Company.
7. Voluntary Agreement. I acknowledge that I have read this
Agreement, understand its terms and its binding effect, and am acting
voluntarily and of my own free will in signing it.
Xxxxxx X. Xxxxxx
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Associate (Print)
WITNESS
Xxxxxx Town
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/s/ Xxxxxx X. Xxxxxx
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Associate (Signature)
THE COMPANY
May 26, 1998
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By: Xxxxx X. Xxxxxxx Dated
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Its: Vice President-Human Resources
5/20/98
