Saks Fifth Avenue 2008 Annual Report Download - page 221

Attachment A
General Release
Saks Incorporated (the “Company”) and [Name of Executive] (the “Executive”) enter into this Release (this “Release”) on
.
Preliminary Statement
The Company and Executive are parties to an Employment Agreement dated as of [ ] (the “Agreement”). As a condition to
the receipt of specified benefits that may be paid following the date of this Release (the “Benefits”) pursuant to the Agreement, the
Executive has agreed to execute this Release.
Terms and Conditions
In consideration of the covenants and mutual promises contained in the Agreement, the Company and the Executive agree as
follows:
1. Subject to the next sentence, the Executive, on behalf of the Executive and anyone claiming through the Executive, hereby
agrees not to sue the Company or any of its divisions, subsidiaries, affiliates or other related entities of the above specified entities
(whether or not such entities are wholly owned) or any of the past, present or future directors, officers, administrators, trustees,
fiduciaries, employees, agents or attorneys of the Company or any of such other entities, or the predecessors, successors or assigns of
any of them (the “Released Parties”), and agrees to release and discharge, fully, finally and forever, the Released Parties from any and
all claims, causes of action, lawsuits, liabilities, debts, accounts, covenants, contracts, controversies, agreements, promises, sums of
money, damages, judgments and demands of any nature whatsoever, in law or in equity, both known and unknown, asserted or not
asserted, foreseen or unforeseen, which the Executive ever had or may presently have against any of the Released Parties arising from
the beginning of time up to and including the date on which this Release is signed and delivered to the Company, including, without
limitation, all matters in any way related to the Executive’s employment by the Company, the terms and conditions thereof, any
failure to promote the Executive and the termination or cessation of the Executive’s employment with the Company, and including,
without limitation, any and all claims arising under the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Civil
Rights Act of 1866, the Age Discrimination in Employment Act of 1967, as amended, the Older Workers’ Benefit Protection Act of
1990, the Family and Medical Leave Act, the Americans With Disabilities Act, the Employee Retirement Income Security Act of
1974, the New York State Human Rights Law, the New York City Human Rights Law or any other federal, state, local or foreign
statute, regulation, ordinance or order, or pursuant to any common law doctrine. Nothing contained in this Release will apply to, or
release the Company from, any (i) obligation of the Company contained in the Agreement or (ii) vested benefit with respect to the
Executive pursuant to any employee benefit or equity plan of the Company (other than the Saks Incorporated Amended and Restated
2000 Change of Control and Material Transaction Severance Plan and any other severance or retention program or practice). The
Executive acknowledges that the consideration offered in connection with the Agreement was and is in part