EXHIBIT 10-X
AGREEMENT AND GENERAL RELEASE
WHEREAS, Rosemary Cauchon (referred to in this Agreement as "Employee") has been employed by Advanta Corp. and/or any of its subsidiaries and affiliates (referred to in this Agreement as "Advanta"); and
WHEREAS, Employee's employment terminated on October 17, 2002 ("Termination Date") and Advanta and Employee desire to resolve all aspects of Employee's separation from employment with Advanta;
Employee and Advanta agree as follows:
1. Employee, in consideration of Advanta's undertakings set forth in Paragraph 2 and intending to be legally bound, agrees:
(a) to release and forever discharge Advanta and its past, present and future officers, directors, employees, shareholders and agents, attorneys, and all of their respective successors and assigns, jointly and severally, from all claims, actions or causes of action of any kind, known or unknown, which Employee now has or hereafter may have, arising out of any matter, occurrence, omission or event occurring prior to the execution of this Agreement, including, but not limited to: (i) any claims relating to or arising out of Employee's employment with and/or termination of employment with Advanta; (ii) any claims for unpaid or withheld wages, vacation, sick and/or personal time pay, un-reimbursed expenses, severance pay, notice, bonuses, management incentive programs, and/or other compensation or benefits of any kind; (iii) any and all claims of discrimination in employment arising before the execution of this Agreement, including, but not limited to claims for discrimination or harassment on the basis of age, sex, race, religion, color, creed, handicap, disability, citizenship, national origin or sexual orientation arising under Title VII of the Civil Rights Act of 1964, The Americans with Disabilities Act, The Family and Medical Leave Act of 1993, The Age Discrimination in Employment Act, 29 USCA ss.621, et seq. ("ADEA") and/or any other similar federal, state and local laws, and any claims for retaliation thereunder; (iv) any other claims arising out of or in any way related to Employee's employment or the separation of her employment with Advanta, including, but not limited to breach of contract, breach of Employee's letter agreement dated September 26, 2001 ("Employment Letter"), breach of covenant of good faith and fair dealing, defamation, fraud, promissory or equitable estoppel, misrepresentation, violation of public policy, wrongful discharge, unfair dismissal, or any other common law claim now or hereafter recognized; and (v) all claims for attorneys' fees; and
(b) to resign as of the Termination Date any and all officer and director positions held with Advanta or any of its affiliates or subsidiaries; and
(c) effective as of the Termination Date, to vacate the premises which she leased from Advanta, subject to Employee's access to the premises for thirty days after the Termination Date to remove her personal property; and
(d) to fully cooperate with and assist the Company and their counsel in connection with any litigation, corporate transactions, general business matters, or agency investigations or audits, and to make herself reasonably available to the Company to do so at times and locations as to not interfere with her duties and responsibilities to any future employer. Employee will be reimbursed for reasonable and customary expenses incurred in complying with this subparagraph (d) according to the Company's then-current reimbursement policies.
2. Advanta, in consideration of the promises of Employee set forth in this Agreement and intending to be legally bound, agrees to:
(a) release and forever discharge Employee from any claims, actions, or causes of action in connection with any acts or omissions of Employee arising out of any matter, occurrence, omission or event occurring prior to the execution of this Agreement. Notwithstanding the foregoing, Advanta does not rele ...
*End of Preview*
Click the 'Add to Cart' button to download the complete and formatted agreement.