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Separation And Severance Agreement

This is an actual contract by Collins Industries.

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Sectors: Automotive and Transport Equipment
Effective Date: May 04, 2005
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Exhibit 10.2 SEPARATION AND SEVERANCE AGREEMENT This SEPARATION AND SEVERANCE AGREEMENT ("Agreement") is by and betweenLarry Sayre ("You") and Collins Industries, Inc. ("the Company") and iseffective as of the Effective Date stated herein. WHEREAS You are currently employed by the Company; WHEREAS You and the Company wish to conclude Your employment with theCompany on the terms and conditions stated herein; NOW, THEREFORE, You and the Company (collectively "the parties") agree asfollows: 1. Your Separate Agreements . In exchange for the consideration stated inthis Agreement, to which consideration You agree You are not otherwise entitledand which consideration You acknowledge as valid and sufficient, You agree: (a) For purposes of receipt of salary and benefits eligibility,You shallremain on Company's payroll through April 15, 2005. (b) To the maximum extent permitted by law and without exception, Yourelease and waive any and all claims, demands, and/or causes of action(collectively "claims") known or unknown, suspected or unsuspected, that, as ofthe Effective Date, You have or could have against the Company and/or any or allof its current and/or former parent corporations, current and/or formersubsidiary corporations, current and/or former directors, current and/or formerofficers, current and/or former fiduciaries, current and/or former employees,current and/or former agents, current and/or former successors, current and/orformer assigns, and/or other entities currently and/or formerly affiliated withor related to the Company (collectively hereinafter "the Company Affiliates"). (c) The claims released and waived under this Agreement include, but arenot limited to, any and all claims You and/or anyone acting on Your behalf holdor own or have at any time before the Effective Date held or owned against theCompany and/or the Company Affiliates, including but not limited to, to themaximum extent permitted by law, claims under any federal and/or stateConstitution; claims under any federal, state, and/or local common law,including claims sounding in tort and/or contract; claims under any federal,state, and/or local public policy; claims under the Employee Retirement IncomeSecurity Act; claims under the Family and Medical Leave Act; claims under theEqual Pay Act; claims for workers' compensation retaliation and/ordiscrimination; claims under the Fair Labor Standards Act and/or any otherfederal, state, and/or local wage payment law; claims for discrimination(including harassment) and/or retaliation under any federal, state, and/or locallaw, including but not limited to 42 U.S.C. ss. 1981, Title VII of the CivilRights Act of 1964, the Civil Rights Act of 1991, the Americans withDisabilities Act, the Age Discrimination in Employment Act, and/or any otherfederal, state, and/or local law, statute, ordinance, and/or regulation; claimsunder any and all other federal, state, and/or local laws, statutes, ordinances,regulations, and/or common law; and claims under any practice and/or policy ofthe Company, including but not limited to any benefit plan of the Company and/or any of the Company Affiliates, except as otherwiseprovided in this Agreement. (d) The Company has not made any representations to You regarding the taximplication of any payments made pursuant to this Agreement, and any and allliability for Your portion of federal, state, and local taxes related to suchpayment remains with You, unless otherwise agreed to in writing by the Company. (e) (1) You will not communicate the contents of this Agreement or thecircumstances or the discussions leading to this Agreement ("ConfidentialInformation") other than to Your immediate family members, to Your attorney, toYour accountant, to governmental taxing authorities, or if compelled by a courtof competent jurisdiction or otherwise required by law ("Authorized Persons");(2) before You disclose any Confidential Information to any Authorized Persons,You will inform them that the matter is confidential, that compliance with thisconfidentiality provision is a material condition of this Agreement, and thatany disclosure of Confidential Information to persons or entities not authorizedto receive it is a material breach of this Agreement; (3) if You are compelledto disclose any Confidential Information by a court of competent jurisdiction orotherwise, then You will give the Company's Human Resources Department as muchnotice as is reasonably practicable before such disclosure in the event theCompany wishes to intervene to protect its rights under this Agreement. (f) Except with the express written consent of the Company, You will notdirectly or indirectly communicate, divulge, or use, whether for Your benefit orfor the benefit of any third party, any confidential and/or proprietaryinformation concerning the Company's business, including but not limited to theCompany's operations, services, materials, policies, and the manner in whichthey are developed, markete
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