Hertz 2014 Annual Report Download - page 310

shareholders, employees, benefit and retirement plans (as well as trustees and administrators thereof) and agents, past and present (the
“Released Parties”), of and from any and all actions, causes of action, claims, demands, attorneys’ fees, compensation, expenses,
promises, covenants, and damages of whatever kind or nature, in law or in equity, which MacDonald has, had or could have asserted,
known or unknown (the “Claims”) at common law or under any statute, rule, regulation, order or law, whether federal, state or local,
or on any grounds whatsoever, including without limitation, any and all claims for any additional severance pay, vacation pay, bonus
or other compensation, including but not limited to under the Employment Documents or any other applicable severance plan or
agreement; any and all claims of discrimination or harassment based on race, color, national origin, ancestry, religion, marital status,
sex, sexual orientation, disability, handicap, age or other unlawful discrimination; any and all claims arising under Title VII of the
Federal Civil Rights Act; the Federal Civil Rights Act of 1991; the Americans with Disabilities Act; the Age Discrimination in
Employment Act; the Older Workers Benefit Protection Act; the New Jersey Law Against Discrimination; the Florida Civil Rights
Act; or under any other state, federal, local or common law, with respect to any event, matter, claim, damage or injury arising out of his
employment relationship with the Companies, and/or the separation of such employment relationship, and/or with respect to any other
claim, matter, or event, from the beginning of the world to the date of MacDonald’s execution of this Agreement.
b. In the event any claim or suit is filed on MacDonald’s behalf against any of the Released Parties by any person or
entity, including but not limited to by the Equal Employment Opportunity Commission (“EEOC”) or any other government agency,
MacDonald waives any and all rights to recover monetary damages or injunctive relief in his favor.
6. Exceptions to Release.
a. MacDonald does not waive or release (i) any Claims under applicable workers’ compensation or unemployment laws;
(ii) any rights which cannot be waived as a matter of law; (iii) the rights to enforce the terms of this Agreement; (iv) any vested rights to
payments, benefits or other entitlements, to which MacDonald is or will be entitled under the terms of any employee pension benefit
retirement plan or benefits under any medical, dental, vision, life insurance or disability insurance benefit plan; (v) any Claim for
indemnification MacDonald may have under applicable laws, under the applicable constituent documents (including bylaws and
certificates of incorporation) of any of the Companies, under any applicable insurance policy any of the Companies may maintain, or
any under any other agreement he may have with any of the Companies, with respect to any liability, costs or expenses MacDonald
incurs or has incurred as a director, officer or employee of any of the Companies; (vi) any Claim MacDonald may have to obtain
contribution as permitted by law in the event of entry of judgment against MacDonald as a result of any act or failure to act for which
MacDonald and any of the Companies are jointly liable; or (vii) any Claim that arises after the Effective Date (as defined in Section
17).
b. Nothing in this Agreement shall be construed to prohibit MacDonald from filing a charge with the EEOC or
participating in any investigation or proceeding conducted by the EEOC, nor shall any provision of this Agreement adversely affect
MacDonald’s right to engage in such conduct.
7. Restrictive Covenants. MacDonald acknowledges that in the course of his employment with the Companies, MacDonald
has acquired Proprietary Information and that such Proprietary Information has been disclosed to MacDonald in confidence and for the
Company’s use only. MacDonald acknowledges and agrees that on and after the Date of Termination, MacDonald shall continue to
be bound by the provisions of Sections 10, 11, 12, 13, 14 and 15 of the Employment Agreement.
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Source: HERTZ GLOBAL HOLDINGS INC, 10-K, July 16, 2015 Powered by Morningstar® Document Research℠
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