Honeywell 2003 Annual Report Download - page 306

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employees to competitors, customers, potential customers or to current or former
employees of the Company, (iv) commission of any fraud or misappropriation of
property, proprietary information, intellectual property or trade secrets of the
Company for personal gain or for the benefit of another party, (v) engaging in
intentional misconduct substantially damaging to the property or business of the
Company, (vi) holding yourself out as an active Honeywell employee, and (vii)
materially breaching any of the terms of this Agreement and Release.
For at least six months after your Salary Continuation Period ends, your
eligibility to return to work at Honeywell as a Honeywell employee, as a leased
employee or as an independent contractor or consultant shall be subject to the
Company's policies on contingent workers.
Release Of Claims
In exchange for the Consideration, you do hereby waive and do hereby release,
knowingly and willingly, Honeywell International Inc., its future parent
corporations, its predecessor companies, its past, present and future divisions,
subsidiaries, affiliates and related companies and their successors and assigns
and all past, present and future directors, officers, employees and agents of
these entities, personally and as directors, officers, employees and agents
(collectively the "Honeywell Group"), from any and all claims of any nature
whatsoever you have arising out of your employment and/or the termination of
your employment with the Honeywell Group, known or unknown, including but not
limited to any claims you may have under federal, state or local employment,
labor, or anti-discrimination laws, statutes and case law and specifically
claims arising under the federal Age Discrimination in Employment Act, the Civil
Rights Acts of 1866 and 1964, as amended, the Americans with Disabilities Act,
Executive Order 11246, the Employee Retirement Income Security Act of 1974
("ERISA"), the Family and Medical Leave Act, the Rehabilitation Act of 1973, the
Fair Labor Standards Act, the Labor-Management Relations Act, the Equal Pay Act
and the Worker Adjustment Retraining and Notification Act, the Minnesota Human
Rights Act, the Minnesota Equal Pay Law, the Minnesota Age Discrimination Law,
the Minnesota Smokers' Rights Law, the Minnesota Parental Leave Act, the
Minnesota Constitution, Minnesota common law and any and all other applicable
state, county or local statutes, ordinances or regulations, including claims for
attorneys' fees; provided, however, that this release does not apply to claims
for benefits under Honeywell Group sponsored benefit plans covered under ERISA
(other than claims for severance and severance related benefits), does not apply
to claims arising out of obligations expressly undertaken in this Agreement and
Release, and does not apply to claims arising out of any act or omission
occurring after the date you sign this Agreement and Release. All claims,
including contingent claims, for incentive compensation awards under any
Honeywell Group plan or payroll practice, along with any claims under any state
wage and hour laws, are specifically subject to this release of claims. Any
rights to benefits (other than severance benefits) under Honeywell Group
sponsored benefit plans are governed exclusively by the written plan documents.
You acknowledge and understand that you have accepted the Consideration
referenced in this Agreement and Release in full satisfaction of all claims and
obligations of the Honeywell Group to you regarding any matter or incident up to
the date you execute this Agreement and Release (except to the extent expressly
excepted from the terms of this Agreement and Release) and you affirmatively
intend to be legally bound thereby.