Lexmark 2012 Annual Report Download - page 171

EXHIBIT A
FORM OF RELEASE
Certain capitalized terms used in this Release are defined in the Executive Employment Agreement (the “Agreement”), which I have executed and of
which this Release is a part.
I hereby confirm my obligations under the Company’s proprietary information and inventions agreement.
Except as otherwise set forth in this Release, in consideration of benefits I will receive under the Agreement, I hereby release, acquit and forever discharge
the Company, its parents and subsidiaries, and their officers, directors, agents, servants, employees, shareholders, successors, assigns and affiliates, of and
from any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys’ fees, damages, indemnities and obligations of every kind and
nature, in law, equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed (other than any claim for indemnification I
may have as a result of any third party action against me based on my employment with the Company), arising out of or in any way related to agreements,
events, acts or conduct at any time prior to and including the date I execute this Release, including, but not limited to: all such claims and demands directly or
indirectly arising out of or in any way connected with my employment with the Company or the termination of that employment, including but not limited to,
claims of intentional and negligent infliction of emotional distress, any and all tort claims for personal injury, claims or demands related to salary, bonuses,
commissions, stock, stock options, or any other ownership interests in the Company, vacation pay, fringe benefits, expense reimbursements, severance pay,
or any other form of compensation; claims pursuant to any federal, state or local law or cause of action including, but not limited to, the federal Civil Rights
Act of 1964, as amended; the federal Age Discrimination in Employment Act of 1967, as amended (“ADEA”); the federal Employee Retirement Income
Security Act of 1974, as amended, the federal Americans with Disabilities Act of 1990; tort law; contract law, statutory law; wrongful discharge,
discrimination, fraud; defamation; emotional distress; and breach of the implied covenant of good faith and fair dealing; provided, however, that nothing in
this paragraph shall be construed in any way to release the Company from its obligations to indemnify me pursuant to the Company’s indemnification
obligation pursuant to agreement or applicable law, or to pay or provide me following the termination of my employment with the Company with any severance
benefits to which I may be entitled to under the terms of the Agreement, or to waive any unwaivable claims under applicable law.
I acknowledge that I am knowingly and voluntarily waiving and releasing any rights I may have under the ADEA. I also acknowledge that the
consideration given under the Agreement for the waiver and release in the preceding paragraph hereof is in addition to anything of value to which I was already
entitled. I further acknowledge that I have been advised by this writing, as required by the ADEA, that: (A) my waiver and release do not apply to any rights
or claims that may arise on or after the date I execute this Release; (B) I have the right to consult with an attorney prior to executing this Release; (C) I have
twenty-one (21) days to consider this Release (although I may choose to voluntarily execute this Release earlier); (D) I have seven (7) days following the
execution of this Release by the parties to revoke the Release; and (E) this Release shall not be effective until the date upon which the revocation period has
expired, which shall be the eighth (8 ) day after this Release is executed by me.
Date:
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