National Grid 2008 Annual Report Download - page 457

BOWNE INTEGRATED TYPESETTING SYSTEM
CRC: 50294
Name: NATIONAL GRID
Date: 17-JUN-2008 03:10:51.35Operator: BNY99999TPhone: [phone]Site: BOWNE OF NEW YORK
Y59930.SUB, DocName: EX-4.C.8, Doc: 9, Page: 31
Description: EXH 4(C).8
0/4867.00.00.00Y59930BNY
[E/O] EDGAR 2 *Y59930/867/4*
BOWNE INTEGRATED TYPESETTING SYSTEM
CRC: 50294
Name: NATIONAL GRID
Date: 17-JUN-2008 03:10:51.35Operator: BNY99999TPhone: [phone]Site: BOWNE OF NEW YORK
Y59930.SUB, DocName: EX-4.C.8, Doc: 9, Page: 31 Description: EXH 4(C).8
0/4867.00.00.00Y59930BNY
[E/O] EDGAR 2 *Y59930/867/4*
Exhibit B
Form of Release and Waiver
(Subject to updating for changes in applicable law.)
GENERAL RELEASE, by [NAME] (the “Executive”) in favor of National Grid plc and National Grid USA (the “Company”).
30
1 [In consideration of the payments and benefits set forth in Schedule A of]
1
[Other than the payments and benefits to which the
Executive is entitled under]
2
the Fixed Term Employment Agreement, dated [DATE], between the Company and the Executive
(the “Employment Agreement”), the Executive knowin
g
ly and voluntarily waives, terminates, cancels, releases and dischar
g
es
forever any and all actions, causes of action, claims, allegations or rights (collectively, “Claims”) he (or his heirs, executors,
administrators, successors, assi
g
ns and le
g
al representatives) may have or may yet have a
g
ainst the Company and any of
their respective subsidiaries or affiliates, and each of their respective predecessors, successors or assi
g
ns, present and former
directors, officers, employees, shareholders, attorneys and agents (collectively, the “Released Parties”), whether known or
unknown, based upon any matter, cause or thin
g
occurrin
g
at any time before and includin
g
the Effective Date (as defined in
Section 6 below).
2 Subject to Para
g
raph 3 below, Para
g
raph 1 includes, but is not limited to, (1) all Claims under federal, state or local law or the
national or local law of any other country (statutory or decisional) for breach of contract, for tort, for wron
g
ful or abusive or unfair
dischar
g
e or dismissal, for impairment of economic opportunity or for defamation, for intentional infliction of emotional distress,
or for discrimination based upon race, color, ethnicity, sex, a
g
e, national ori
g
in, reli
g
ion, disability, sexual orientation or any
other unlawful criterion or circumstance; (2) Claims for compensation, bonuses or benefits; (3) Claims under any service
a
g
reement, severance pro
g
ram, compensation or benefit plan or arran
g
ement maintained by the Group; (4) Claims for sexual
harassment; (4) Claims related to whistleblowin
g
; (5) Claims for punitive or exemplary dama
g
es; (6) Claims for violations of any
of the followin
g
laws (as amended): the Equal Pay Act, Title VII of the Civil Ri
g
hts Act of 1964, the Civil Ri
g
hts Act of 1991 as
amended, the A
g
e Discrimination in Employment Act of 1967 as amended by the Older Workers Benefit Protection Act, the
Americans with Disabilities Act of 1991, the Employee Retirement Income Security Act of 1974, the Worker Adjustment
Retrainin
g
and Notification Act, the Family and Medical Leave Act, the Rehabilitation Act, Executive Order 11246, all claims and
dama
g
es relatin
g
to race, sex, national ori
g
in, disabilities, reli
g
ion, sexual orientation, a
g
e, and all employment discrimination
claims arisin
g
under similar state statutes; and (7) Claims for violations of any other applicable employment statute or law. In
addition, the Executive waives any and all ri
g
hts under the laws of any jurisdiction in the United States, En
g
land and Wales, the
European Union or any other country, that limit a
g
eneral release to those Claims that are known or suspected to exist in his
favor as of the date of this General Release.
3 This General Release shall not (i) limit in any way the Executive’s ability to brin
g
an action to enforce any ri
g
hts under the
Employment A
g
reement or (ii) release any Claim for accrued but unpaid compensation and other accrued and vested benefits
to which he is entitled under an applicable agreement, plan or program of the Company and its affiliates.
4 The Executive represents and warrants that as of the date of his execution of this General Release he has no actual knowled
g
e
of any violation by himself or KeySpan Corporation
1
Use for release referenced in Section 7.6. NOTE: Must be si
g
ned b
y
Januar
y
2, 2008.
2
Use for release referenced in Section 11.10.