Circuit City 2003 Annual Report Download - page 29

Exhibit 10.11
SEPARATION AGREEMENT AND GENERAL RELEASE
Between
SYSTEMAX INC.
And
ROBERT DOOLEY
PLEASE READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF ALL CLAIMS AND A
WAIVER OF ALL RIGHTS TO MAKE A CLAIM AGAINST THE EMPLOYER INCLUDING THE CLAIM
THAT YOU HAVE BEEN DISCRIMINATED AGAINST BECAUSE OF YOUR AGE. DO NOT SIGN THIS
AGREEMENT IMMEDIATELY. YOU HAVE FORTY FIVE (45) DAYS FROM THE DATE YOU RECEIVE
THIS AGREEMENT TO DECIDE WHETHER OR NOT YOU WISH TO SIGN IT. YOU SHOULD CONSULT
WITH AN ATTORNEY BEFORE SIGNING THIS AGREEMENT. YOU MAY REVOKE THIS AGREEMENT
WITHIN 7 BUSINESS DAYS AFTER SIGNING IT BY NOTIFYING THE COMPANY IN WRITING.
NOTICE OF REVOCATION SHOULD BE SENT TO SYSTEMAX INC., 11 Harbor Park Drive, Port
Washington, NY 11050 ATTENTION: General Counsel. IF YOU REVOKE THIS AGREEMENT, THE
AGREEMENT SHALL BE TERMINATED IN ITS ENTIRETY AND YOU WILL NOT RECEIVE THE
BENEFITS SET FORTH HEREIN.
THIS AGREEMENT AND GENERAL RELEASE is made and entered into between ROBERT DOOLEY
(“You") and SYSTEMAX INC. (the “Company"), with respect to your termination of employment with the
Company. You and the Company agree as follows with respect to your termination of employment:
1. References to the Company when used in this Agreement and General Release shall include SYSTEMAX
INC. , its parent, divisions, subsidiaries and affiliates, its and their predecessors, successors or assigns, and their
respective trustees, directors, officers, employees, agents and representatives.
2. The references to "You" and "Your" in this Agreement and General Release refer to Robert Dooley.
They also
mean anyone acting on Your behalf, which includes Your heirs, Your executors, Your administrators, Your successors
and Your assigns.
3. The Company is entering into this agreement to resolve all matters of dispute or potential dispute with You
arising out of and relating to Your employment and termination of employment, and to compensate You for the release
and waiver of rights set forth below.
4. You acknowledge that You have reviewed each and every word of this Agreement to be sure that You
understand the Agreement's full effect. You acknowledge that You have taken adequate time to do so thoroughly and
carefully, and that the Company has given You the opportunity by the Company to engage in this review independently,
in consultation with an attorney freely chosen by You, and with Your family, which You have been encouraged to do so.
You acknowledge that neither the Company nor its employees, agents, representatives or attorneys, made any
representations concerning the terms or effects of the Agreement other than those stated in the Agreement.
5. This Agreement constitutes the entire Agreement between You and the Company with respect to all matters
covered in this Agreement or relating to Your employment or termination of employment with the Company. No other
promises have been made. This Agreement and the Employee Agreement supersede any other agreements between the
Company and You. This Agreement may not be changed orally.
6. By affixing its signature to this Agreement, the Company does not acknowledge any violation of any federal,
state, or local law, ordinance, rule, or regulation or common law requirement, duty or obligation, or contract, and
affirmatively states that it has not violated same.
7. This Agreement is made and entered into in the State of New York and shall in all respects be interpreted,
enforced and governed under the laws of said State. The language of all parts of this Agreement shall in all cases be
construed as a whole, according to its fair meaning, and not strictly for or against any of the parties.