Office Depot 2011 Annual Report Download - page 174

Executive further covenants not to sue or to file any arbitration demand against Office Depot for any claims. Executive
affirms that she has not otherwise filed, caused to be filed, or presently is a party to any claim, complaint, or action against
Office Depot in any forum or form. While Executive is not foreclosed from filing a civil rights charge or complaint with
the Equal Employment Opportunity Commission or any other government agency or having such a charge or complaint
filed on her behalf, Executive waives the right to receive any benefit or remedial relief as a consequence of any such civil
rights charge or complaint filed by her or on her behalf. Should any such charge or action be filed by Executive or on her
behalf involving matters covered by this Agreement with the Equal Employment Opportunity Commission or a state fair
employment practices agency, Executive agrees to promptly give the agency a copy of this Agreement and inform it that
any individual claims that Executive might otherwise have had are now resolved. Executive understands that nothing in
this Agreement releases Office Depot from Worker’s Compensation or disability benefits, if any, to which Executive may
be entitled in connection with her employment with Office Depot.
Pa
g
e 2 of 5
2. Release of Claims and Covenant Not to Sue. Executive agrees to release and forever discharge Office Depot from any and
all claims, demands, actions, and causes of action, and all liability whatsoever, whether known or unknown, fixed or
contingent, which Executive has or may have against Office Depot as a result of her employment by and subsequent
separation from employment with Office Depot, up to the date of the execution of this Agreement and the general release
contained herein. This release includes but is not limited to claims at law or equity or sounding in contract (express or
implied), common law or tort arising under federal, state or local laws, including, but not limited to, those laws prohibiting
age, sex, race, disability, veteran, national origin or any other forms of discrimination. This further includes but is not
limited to any and all claims arising under the Age Discrimination in Employment Act, the Americans with Disabilities Act
of 1990, Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, Sections 1981 through 1988 of Title 42 of
the United States Code, as amended, the Worker Adjustment and Retraining Notification Act, Section 409A of the Internal
Revenue Code of 1986, as amended, or the Employee Retirement Income Security Act of 1974, as amended (ERISA), or
claims
g
rowin
g
out of an
y
le
g
al restrictions on Office De
p
ot’s ri
g
ht to terminate its em
p
lo
y
ees.
3. Corporate American Express Charges. Executive agrees to provide Office Depot with receipts for any and all expenses
charged to her Corporate American Express Card that are pending or unpaid, within 5 (five) business days after the
Separation Date. Executive further understands and agrees that it is Executive’s personal obligation to directly render
payment to American Express for any personal charges incurred on her Corporate American Express Card and understands
and agrees that if she fails to do so, Office Depot has the right, but is not obligated, to deduct any and all amounts owing on
her Corporate American Express Card for personal expenses from her severance payment, under this Agreement. Any and
all amounts due to Office Depot, as the result of any employee loan, will be deducted from the amounts received under this
Agreement, until the loan has been satisfied. Executive affirms that, if applicable, any amounts due as a loan from the
Office De
p
ot Disaster Relief Foundation will be re
p
aid from the severance amount.
4. No Admission of Liability. Executive acknowledges that this Agreement shall not in any way be construed as an admission
by Office Depot of any unlawful or wrongful acts whatsoever against Executive or any other person, and Office Depot
s
p
ecificall
y
disclaims an
y
liabilit
y
to or wron
g
ful acts a
g
ainst Executive or an
y
other
p
erson.
5. Waiver. Executive expressly waives and releases any right to reinstatement by Office Depot and agrees not to seek or
accept employment with Office Depot in the future, unless such new employment is expressly and mutually agreed to by
Office De
p
ot and Executive, in writin
g
.