ADDENDUM TO SEPARATION AGREEMENT AND GENERAL CABLE RELEASE OF CLAIMS
Exhibit
99.2
EXHIBIT
1
ADDENDUM
TO
SEPARATION AGREEMENT AND
GENERAL CABLE RELEASE OF CLAIMS
THIS ADDENDUM TO SEPARATION AGREEMENT
AND GENERAL RELEASE OF CLAIMS (“Addendum”) is being entered into between and
among GENERAL CABLE CORPORATION (“Employer”) and J. XXXXXXX XXXXXXX on behalf of
himself, his heirs, assigns, representatives (hereinafter “Employee”)
(collectively the “Parties”) to supplement the Separation Agreement and General
Release of Claims entered into between the Parties on _____________, 2008
(“Separation Agreement”), in order release of claims relating in any way to
Employee’s employment with Employer or termination thereof during the Transition
Period. The Addendum is meant to supplement and in no way to
supersede the provisions of the Separation Agreement.
NOW THEREFORE, in consideration for the
mutual premises and agreements contained herein and intending to be legally
bound, the Parties agree as follows:
1. The
terms of the Separation Agreement and General Release of Claims dated
_________________, 2008 remain in full force and effect.
2. Upon
Employee’ execution of this Agreement, and in consideration of the payments and
other benefits described in Paragraph 2(b) of the Separation Agreement, Employee
hereby unconditionally releases and completely and forever discharges Employer,
on behalf of and for the benefit of itself, all related corporate entities and
partnerships, its and their officers, directors, partners, shareholders, agents,
attorneys, employees, successors and assigns (“Released Parties”) from any and
all rights and claims that he may have based on or relating to his employment
with the Employer or the termination of that employment for any and all
reasons. Employee specifically releases the Released Parties from any
rights or claims which Employee may have based upon the Age Discrimination in
Employment Act, which prohibits age discrimination in employments; Title VII of
the Civil Rights Act of 1964, as amended, which prohibits discrimination in
employment based on race, color, creed, national origin or sex; the Equal Pay
Act, which prohibits paying men and women unequal pay for equal work; the
Americans with Disabilities Act of 1990, which prohibits discrimination against
disabled persons; the Employer Retirement Income Security Act, which regulates
employment benefits; the Kentucky Human Rights Act or any other federal, state
or local laws or regulations prohibiting employment discrimination or which
otherwise regulate employment terms and conditions. Employee also
releases the Released Parties from any claim for wrongful discharge, unfair
treatment, breach of public policy, express or implied contract, or any other
claims arising under common law which relate in any way to Employee’s employment
with the Employer or the termination thereof. This Release covers
claims that Employee knows about and those that he may not know about up through
the date of this Release. This Release specifically includes any and
all claims for attorney’s fees and costs which are incurred by Employee for any
reason.
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3. Employee
acknowledges that the consideration addressed in paragraph 2 of the Separation
Agreement and Paragraph 4 in this Addendum is satisfactory and adequate in
exchange for his promises and general release of claims during the Transition
Period and to which he is entitled only upon signing this Addendum.
4. Employee
understands that he is being given a period of twenty-one (21) days to review
and consider this Agreement before signing it. Employee understands
that he may use as much of this twenty-one (21) day period as he wishes prior to
signing it.
5. Employee
may revoke this Agreement within seven (7) days of his signing
it. Revocation can be made by delivering a written notice of
revocation to Xxxxxx X. Xxxxxx, Executive Vice President and General Counsel, 0
Xxxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxx, Xxxxxxxx 00000. For this
revocation to be effective, written notice must be received by Xxxxxx X. Xxxxxx
no later than the close of business on the seventh (7th) day after Employee
signs the Agreement. If Employee revokes this Agreement, it will not
be effective and enforceable and Employee will not receive the consideration
contained in Paragraph 2 or any other consideration set forth
herein.
6. EMPLOYEE
ACKNOWLEDGES THAT HE HAS READ THIS AGREEMENT, UNDERSTANDS IT AND IS VOLUNTARILY
ENTERING INTO IT. EMPLOYEE UNDERSTANDS AND AGREES THAT THIS AGREEMENT
CONTAINS A GENERAL RELEASE OF CLAIMS RELATING TO HIS EMPLOYMENT AND THE
TERMINATION OF THAT EMPLOYMENT AGAINST ALL RELEASED PARTIES.
IN WITNESS WHEREOF, and
intending to be legally bound, the Parties agree to the terms of this
Agreement.
| Witness: |
GENERAL
CABLE CORPORATION
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By:
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Date:
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Witness:
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EMPLOYEE | |||
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J. Xxxxxxx Xxxxxxx | |||
| Date: |
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