Separation and Release Agreement (For Unrepresented Employee)

SEPARATION AGREEMENT AND RELEASE

This Separation Agreement and Release (hereafter "Release") is made and entered into by _____ (hereafter "I," "me," or "my"), and _____ (hereafter the "COMPANY").

In consideration of the mutual promises herein, we agree that instead of firing me, the COMPANY will allow me to resign and give me a generous severance package only because I have agreed to sign and be bound by the terms of this Release listed below.

Severance Payments

When the COMPANY receives the fully executed original of this Release, the COMPANY will pay me $_____ on the _____ day of [month, year].

The COMPANY will also pay me $_____ a month for _____ (_____) additional months payable on the _____ day of each month beginning on [month, year].

I Agree not to Sue

I agree not to file any complaint or lawsuit against the COMPANY arising out of or in any way connected with my employment with the COMPANY. This includes claims for any type of harm, discrimination or injury.

I unconditionally release and forever discharge the COMPANY and specifically each of the COMPANY's agents, directors, officers, supervisors, attorneys, employees and representatives, insurance carriers, and all persons acting by, through, or in concert with any of them (collectively "RELEASEES"), from any and all claims, charges, damages, injuries, mental anguish, promises, agreements, controversies, complaints, or causes of action of any nature whatsoever, whether known or unknown whether past, present or future ("Claim" or "Claims"), which I now have or at any time I had against the RELEASEES, including, but not limited to, (a) all Claims related to my employment with the COMPANY; (b) all Claims related to the termination of my employment with the COMPANY; (c) all Claims of unlawful discrimination based on age, sex, sexual preference, sexual orientation, race, religion, pregnancy, national origin, handicap, disability, retardation, retaliation, whistleblowing, equal pay or any other type of discrimination whether arising under federal laws such as Title VII, state laws such as the Texas Commission on Human Rights or under the common law of Texas or the United States; (d) all Claims of wrongful discharge, breach of an implied or express employment contract, negligent or intentional infliction of emotional distress, libel, slander, defamation, invasion of privacy, fraud, and breach of any implied covenant of good faith and fair dealing; (e) all Claims related to unpaid wages, salary, commissions, overtime compensation, bonuses, unused sick or personal days, severance pay, vacation pay or any other compensation arising out of my employment with the COMPANY; and (f) any Claims for any physical or mental injuries caused by my employment with the COMPANY or caused by the RELEASEES, the COMPANY or any of its employees, machines or operations.

I Have Had Time to Consider This Release

I realize that this is a serious matter and I am giving up important rights. I have taken plenty of time to consider all of the provisions of this Release. I also represent that I have had an

opportunity to discuss all provisions of this Release with any person, including an attorney of my choice.

I Understand This Release

I represent that I have carefully read and fully understand all the provisions of this Release, and that I am mentally and physically competent to sign this Release.

I am Voluntarily Signing This Release Because it is Fair

I represent that I have voluntarily chosen to sign this Release. I considered my options and am signing this Release because the amount of money I am being paid for signing is fair.

I Will Not Seek Reemployment

I waive any claim to reemployment with the COMPANY and to any other rights of employment.

Confidentiality of this Release

I agree not to tell anyone about the terms or conditions of this Release, except for my attorney, my tax advisor or if I am ordered to do so by a court of law. I further agree that I will not tell anyone about the circumstances and events leading up to my separation from employment with the COMPANY. I agree that all I will tell anyone about my employment with and termination from the COMPANY are the dates of my employment with the COMPANY, the positions, responsibilities and salaries that I had with the COMPANY and that I resigned from employment at the COMPANY. I agree not to disparage in any way or speak negatively of the COMPANY or the RELEASEES.

The COMPANY agrees that it will keep the terms of this Release confidential. I agree that I will not ask the COMPANY to provide any information to third parties about my employment other than the dates of employment, the positions I held, and that I resigned.

Confidentiality of Trade Secrets and Company Information

I agree and promise that I will not take, use or reveal to any person, corporation or other business entity any of the COMPANY's customer lists, trade secret information or any proprietary information, including but not limited to information concerning customers, retailers, vendors, suppliers, phone lists, cost or pricing information and rolodex cards.

Future Claims Against the COMPANY

I agree that I will cooperate with the COMPANY on any claims or lawsuits against the COMPANY if I have knowledge of the facts involved in the claim or lawsuit. I further agree that I will not voluntarily aid, assist or cooperate with anyone who has claims against the COMPANY or with their attorneys or agents in any claims or lawsuits which may be brought against the COMPANY. However, I am permitted to testify at an administrative hearing, arbitration, deposition or in court, if I am properly served with a lawful subpoena in a proceeding involving the COMPANY.

Miscellaneous

I represent that I have signed this Release because of the severance payments and I have not relied upon any representation or statement not specifically listed in this Release.

I represent that I have not relied upon any representation or statement made by any of the RELEASEES or by any of the RELEASEES' representatives or attorneys with regard to damages, legal liability or the subject matter, basis or effect of this Release.

This Release sets forth the entire agreement between the parties hereto, and takes the place of any and all prior written or oral agreements or understandings between me and the COMPANY. This agreement may be changed only by another written agreement signed by me and the COMPANY and witnessed by a notary public.

This Release shall be binding...