Supercuts 2009 Annual Report Download - page 153

Download and view the complete annual report

Please find page 153 of the 2009 Supercuts annual report below. You can navigate through the pages in the report by either clicking on the pages listed below, or by using the keyword search tool below to find specific information within the annual report.

Page out of 160

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13
  • 14
  • 15
  • 16
  • 17
  • 18
  • 19
  • 20
  • 21
  • 22
  • 23
  • 24
  • 25
  • 26
  • 27
  • 28
  • 29
  • 30
  • 31
  • 32
  • 33
  • 34
  • 35
  • 36
  • 37
  • 38
  • 39
  • 40
  • 41
  • 42
  • 43
  • 44
  • 45
  • 46
  • 47
  • 48
  • 49
  • 50
  • 51
  • 52
  • 53
  • 54
  • 55
  • 56
  • 57
  • 58
  • 59
  • 60
  • 61
  • 62
  • 63
  • 64
  • 65
  • 66
  • 67
  • 68
  • 69
  • 70
  • 71
  • 72
  • 73
  • 74
  • 75
  • 76
  • 77
  • 78
  • 79
  • 80
  • 81
  • 82
  • 83
  • 84
  • 85
  • 86
  • 87
  • 88
  • 89
  • 90
  • 91
  • 92
  • 93
  • 94
  • 95
  • 96
  • 97
  • 98
  • 99
  • 100
  • 101
  • 102
  • 103
  • 104
  • 105
  • 106
  • 107
  • 108
  • 109
  • 110
  • 111
  • 112
  • 113
  • 114
  • 115
  • 116
  • 117
  • 118
  • 119
  • 120
  • 121
  • 122
  • 123
  • 124
  • 125
  • 126
  • 127
  • 128
  • 129
  • 130
  • 131
  • 132
  • 133
  • 134
  • 135
  • 136
  • 137
  • 138
  • 139
  • 140
  • 141
  • 142
  • 143
  • 144
  • 145
  • 146
  • 147
  • 148
  • 149
  • 150
  • 151
  • 152
  • 153
  • 154
  • 155
  • 156
  • 157
  • 158
  • 159
  • 160

6. Notice of Rights of Rescission Under the MHRA . Employer hereby advises Employee to consult with an attorney of his
choice before signing this Separation Agreement releasing any rights or claims that he believes he may have under the Minnesota Human Rights
Act (“MHRA”). Once this Separation Agreement is executed, Employee may rescind this Separation Agreement within fifteen (15) calendar
days to reinstate any claims under the MHRA. To be effective, any rescission within the relevant time period must be in writing and delivered to
the Employer, in care of Eric Bakken, by hand or by mailing it to the Employer within the 15-day period. If delivered by mail, the rescission
must be (1) postmarked within the 15-day period; (2) properly addressed to the Employer care of Eric Bakken at the address listed in this
paragraph; and (3) sent by certified mail, return receipt requested.
7. General Release of the Employer . Employee agrees to release and discharge Employer, any parent, subsidiaries, affiliates,
related companies, predecessors, successors, assigns, officers, directors, shareholders, employees, independent consultants, attorneys, insurers,
agents, and/or other representatives from any and all actions, complaints, causes of actions, grievances, claims, damages, obligations, debts,
promises, losses, demands, wages, bonuses, benefits, actual damages, compensatory damages, mental anguish, pain, humiliation, emotional
distress, exemplary and/or punitive damages, statutory penalties, and/or any other liabilities of any kind (including any other statutory, tort, civil
rights, contractual, and/or common law claims) which have been or could be asserted against Employer arising out of or relating in any way to
Employee’s employment with Employer, and/or any other occurrence up to and including the date of this Separation Agreement, whether
presently asserted or otherwise, including, but not limited to claims, demands, actions or liability arising under Title VII of the Civil Rights Act
of 1964, as amended, the Civil Rights Act of 1991, the Age Discrimination and Employment Act (including the Older Workers Benefit
Protection Act), the Americans with Disabilities Act, the Family and Medical Leave Act, the Employee Retirement Income Security Act, the
Rehabilitation Act of 1973, 42 U.S.C. Section 1981, the National Labor Relations Act and/or any other Federal, State or local statute, ordinance
or regulation (including but not limited to claims based on race, sex, age, color, sexual preference, marital status, religion, national origin,
disability, retaliation, obtainment of benefit plan rights and veterans status.) Despite any language to the contrary, nothing in this Separation
Agreement is intended to and/or shall waive any right that Employee cannot by law waive (e.g., unemployment compensation benefits).
8. General Release of Employee . Employer releases and forever discharges Employee from any and all causes of action or
claims related to or arising out of or which could have arisen out of the employment relationship with Employee. This release does not include
alleged unlawful acts and/or acts intending to harm Employer. Despite any language to the contrary, nothing in this Separation Agreement is
intended to and/or shall waive any right that Employer cannot by law waive.
9. Confidentiality . To the fullest extent permitted by law, the terms of this Separation Agreement and Release will be treated as
confidential by both Employee and Employer and neither party shall disclose its terms to anyone except Employee may disclose the terms of this
Separation Agreement to his spouse, legal counsel and accountant, or as required by law and/or governmental authorities. Employer may
disclose the terms of this Separation Agreement to its officers and directors, outside auditors, and to employees or agents of it or its parent
corporation who have a legitimate need to know the terms in the course of performing their duties. Employee recognizes and agrees that this
confidentiality provision was a significant inducement for the Employer to enter into this Separation Agreement. In the event of a breach by
Employee of the terms of this paragraph, all payments to Employee shall cease and Employee shall reimburse all payments made under this
Separation Agreement.
4