STATE OF NORTH CAROLINA ) COUNTY OF FORSYTH ) SEVERANCE AGREEMENT AND RELEASE IN FULL Gary L. Lackey ) and ) GRANITE MORTGAGE CO. )
Exhibit 10.1
STATE OF NORTH CAROLINA
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COUNTY OF FORSYTH
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| SEVERANCE AGREEMENT AND RELEASE IN FULL |
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Xxxx X. Xxxxxx
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and
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GRANITE MORTGAGE CO.
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Xxxx X. Xxxxxx (“Xx. Xxxxxx”) and Granite Mortgage Company (“the Company”), in consideration
of the mutual promises hereinafter exchanged, agree as follows:
1. The parties agree that Xx. Xxxxxx’x employment agreement is terminated effective February
23, 2009, and Xx. Xxxxxx will be relieved of this position as stated in his AMENDED AND RESTATED
EMPLOYMENT AND NONCOMPETITION AGREEMENT dated 5/1/2003. The Company will pay Xx. Xxxxxx for a
total $432,000.00, with appropriate withholdings made to “Xx. Xxxxxx” on Granite Mortgage payroll.
(This payment can be in the form of a one-time total payment on 3/24/09 or split payment -
$216,000.00 on 3/24/09 and the remaining $216,000.00 on 1/29/10 by providing a signed written
statement to Xxxxx Xxxxxxx to confirm payment option).
2. The Company will pay, by lump sum, to (Xx. Xxxxxx), the xxxxx amount of all
accumulated but unused vacation time remaining for 2009, twenty-one (21) days at $75.31 per hour
for $12,652.90 from which appropriate withholdings will be made and paid to Xx. Xxxxxx on 2/27/09.
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3. From and after the date of termination set forth in paragraph 1, Xx. Xxxxxx shall not have
the right to participate in or receive any benefit under any employee benefit plan of the Company,
any fringe benefit plan of the Company, or any other plan, policy or arrangement of the Company
providing benefits or perquisites to employees of the Company generally or individually. Provided,
however, that he shall be entitled, if otherwise eligible, to elect the payment of benefits to
which he is entitled under any employee benefit plan and to COBRA benefits as required by law.
4. In consideration of the above referenced payment to him, Xx. Xxxxxx intends to and does
hereby release and covenant not to xxx the Company, Bank of Granite Corporation and Bank of
Granite, and their past and present Directors, their past and present employees and agents, and any
other persons, agencies, firms, or corporations affiliated with the Company, Granite Mortgage and
Bank of Granite from any and all causes of action and claims from the beginning of time to the date
this Agreement is executed, including any causes of actions and claims which he may have on account
of or in any way arising out of or in connection with his employment or other relationship with the
Company, or the cessation of his employment with the Company.
5. This release and covenant not to xxx specifically includes, but is not limited to, any and
all charges or actions under Title VII of the Civil Rights Act of 1964 as amended; the
Age Discrimination in Employment Act; the Americans with Disabilities Act; the North Carolina
Retaliation Discrimination Law, the Constitution, statutes, regulations, and Executive Orders of
the United States and the State of North Carolina; and any and all claims at common law, including
but not limited to, contractual claims and both intentional and unintentional tort claims;
defamation claims; or for any other cause. Xx. Xxxxxx agrees, as a further consideration and
inducement for this agreement, that it shall apply to unknown and unanticipated damages
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resulting from in or in any way connected to his employment with the Company and the cessation of
such employment through the effective date of this agreement.
6. This Severance Agreement and Release in Full is not to be construed as an admission of
liability on the part of the parties released and the parties hereby released deny liability of any
nature or kind whatsoever to Xx. Xxxxxx. This agreement is contractual and not merely recital.
7. Xx. Xxxxxx agrees not to disclose the terms of his Severance Agreement and Release in Full
to any person except as may be required by law.
8. The Company agrees to provide only neutral references [beginning and ending dates of
employment and position(s) held] to prospective employers. Xx. Xxxxxx agrees to advise all
prospective employers to direct their inquiries to Xxxxx Xxxxxxx regarding Xx. Xxxxxx’x prior
employment.
9. Xx. Xxxxxx expressly agrees that he will not make any disparaging remarks regarding the
Company, Bank of Granite Corporation, Bank of Granite, their operations, past and present Board
members, and their past and present employees and agents.
10. Xx. Xxxxxx will immediately return all Company property and equipment provided to him in
the course and scope of his employment.
11. The Company makes no representations or warranties concerning the tax treatment of the
payments referred to in Paragraphs 2, 3, and 4 of this Agreement and Xx. Xxxxxx can consult with
his tax advisor regarding the payments.
12. Xx. Xxxxxx acknowledges that, pursuant to the provisions of the Older Workers Benefit
Protection Act, he shall have up to twenty-one (21) days from the date this Agreement is presented
to him to consider this agreement, and that he shall have seven (7) days from the date he executes
his Agreement to rescind this agreement by providing a signed written statement to
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Xxxxx Xxxxxxx. Xx. Xxxxxx acknowledges that if he does not execute and return his Agreement
to Company by 5:00 p.m. on March 16, 2009, this Agreement shall be void.
13. Xx. Xxxxxx may choose to consult with his attorney regarding this Agreement.
14. This Agreement shall become effective upon the expiration of the seven-day revocation
period provided in paragraph 12 above in the event that Xx. Xxxxxx has not revoked his acceptance
of this Agreement as provided therein (the “Effective Date”).
15. The non-competition and confidentiality provisions set forth in the AMENDED AND RESTATED
EMPLOYMENT AND NONCOMPETITION AGREEMENT dated 5/1/2003 remain in effect under the terms set forth
therein.
16. Finally, the undersigned state that they have read and fully understand this Severance
Agreement and Release in Full and agree that it is the entire agreement between them related to the
contents thereof.
IN WITNESS WHEREOF, the undersigned have initialed each of the
preceding pages and have set their hands and seals below.
| Granite Mortgage, Inc. | ||||
By:
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/s/ Xxxxx Xxxxxxx | /s/ Xxxx X. Xxxxxx | ||
| Xxxxx Xxxxxxx | Xxxx X. Xxxxxx | |||
DATE:
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2/23/09 | DATE: 2/24/09 | ||
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