Separation and Settlement Agreement Sample Contracts

SEPARATION AND SETTLEMENT AGREEMENT (Rimlinger)
Separation and Settlement Agreement • January 19th, 2017 • Elite Data Services, Inc. • Orthopedic, prosthetic & surgical appliances & supplies • Florida

This SEPARATION AND SETTLEMENT AGREEMENT (this “Agreement”) is entered into on January 10, 2017 (the “Effective Date”) by and among ELITE DATA SERVICES INC., a Delaware corporation (the “Company”), and CHARLES RIMLINGER (“Rimlinger”). The Company and Rimlinger are collectively referred to herein as the “Parties” and each as a “Party.”

SEPARATION AND SETTLEMENT AGREEMENT
Separation and Settlement Agreement • March 1st, 2013 • Duke Energy CORP • Electric & other services combined • North Carolina

This Separation and Settlement Agreement (this “Agreement”) is entered into as of July 10, 2012 by and between the executive listed on Exhibit A (the “Executive”), and Duke Energy Corporation, a Delaware corporation (“Duke Energy”). The Executive and Duke Energy are referred to as the “Parties,” and each as a “Party,” in this Agreement.

EX-10.2 4 d376342dex102.htm SEPARATION AND SETTLEMENT AGREEMENT SEPARATION AND SETTLEMENT AGREEMENT
Separation and Settlement Agreement • May 5th, 2020 • North Carolina

This Separation and Settlement Agreement (this “Agreement”) is entered into as of July 3, 2012 by and between William D. Johnson (the “Executive”), and Duke Energy Corporation, a Delaware corporation (“Duke Energy”). The Executive and Duke Energy are referred to as the “Parties,” and each as a “Party,” in this Agreement.

SEPARATION AND SETTLEMENT AGREEMENT BY AND BETWEEN ACTINIUM PHARMACEUTICALS, INC. AND DRAGAN CICIC
Separation and Settlement Agreement • August 4th, 2017 • Actinium Pharmaceuticals, Inc. • Pharmaceutical preparations • New York

This Separation and Settlement Agreement (“Agreement”), dated as of May 12, 2017 (the “Effective Date”), is made by and between Actinium Pharmaceuticals, Inc., a Delaware company (“Actinium” or the “Company”), and Dragan Cicic (“Employee”).

SEPARATION AND SETTLEMENT AGREEMENT AND RELEASE
Separation and Settlement Agreement • May 10th, 2021 • Financial Institutions Inc • National commercial banks • New York

This SEPARATION AND SETTLEMENT AGREEMENT AND RELEASE (“Agreement”) is made and entered into between Joseph L. Dugan (“Employee”), residing at ##### and Financial Institutions, Inc. and its subsidiaries and affiliated entities including Five Star Bank (“Bank”), Five Star REIT, Inc., SDN Insurance Agency, LLC, Courier Capital, LLC, and HNP Capital, LLC (collectively “Employer” or “Company”), a company with its principal office at 220 Liberty Street, Warsaw, New York 14569 (collectively, “Parties” and each individually “Party”) as of the Effective Date (as defined below).

SEPARATION AND SETTLEMENT AGREEMENT
Separation and Settlement Agreement • March 1st, 2021 • LivaNova PLC • Electromedical & electrotherapeutic apparatus

The Company has employed the Executive as Chief Financial Officer since May, 20 2017 under the terms of a Service Agreement dated 27, April 2017 as varied by the parties prior to the date of this Agreement (the “Service Agreement”). In accordance with the Service Agreement both parties are required to give 12 months notice to terminate the Executive's employment. The Executive and the Company desire to plan for the Executive’s separation from the Company.

SEPARATION AND SETTLEMENT AGREEMENT
Separation and Settlement Agreement • August 15th, 2005 • Global Payments Inc • Services-business services, nec • Georgia

THIS AGREEMENT (the “Agreement”) is entered into as of the 3rd day of June, 2005 by and between GLOBAL PAYMENTS INC., a Georgia corporation with its headquarters in Atlanta, Georgia (“Company”) and Jeffery C. McWey (hereinafter “McWey”). The “Effective Date” of this Agreement is defined in Paragraph 10.

SEPARATION AND SETTLEMENT AGREEMENT
Separation and Settlement Agreement • November 8th, 2013 • Banc of California, Inc. • National commercial banks • California

This Separation and Settlement Agreement (“Agreement”) is entered into on or about November 6, 2013 by and between ROBERT M. FRANKO (the “EXECUTIVE”), on the one hand, and BANC OF CALIFORNIA, INC., a Maryland corporation (f/k/a First PacTrust Bancorp, Inc.), and BANC OF CALIFORNIA, NATIONAL ASSOCIATION, a national banking association (as successor to both Pacific Trust Bank, FSB, a federal savings bank, and Beach Business Bank, a California corporation), on the other hand (BANC OF CALIFORNIA, INC., and BANC OF CALIFORNIA, NATIONAL ASSOCIATION, together with any and all of its and their subsidiaries and affiliates and any predecessor entities, collectively, “COMPANY”) (EXECUTIVE and COMPANY collectively referred to herein as the “Parties,” and each a “Party”).

SEPARATION AND SETTLEMENT AGREEMENT AND FULL RELEASE OF ALL CLAIMS
Separation and Settlement Agreement • March 30th, 2004 • Ants Software Inc • Services-computer programming services • California

This Separation and Settlement Agreement and Full Release of All Claims (the "Agreement") is made as of the 14th day of January, 2004, by and between ANTs software inc., a Delaware corporation (the "Company") and Gary Ebersole ("Ebersole"). Its purpose is to set forth the parties' agreement regarding Ebersole's separation from employment as President, Chief Operating Officer, officer and a director and agent of the Company on January 31, 2004, the benefits he is to receive in connection with that separation, and the mutual waivers and releases the parties are giving each other. In consideration of the mutual promises and undertakings contained in this Agreement, the parties agree as follows:

SEPARATION AND SETTLEMENT AGREEMENT AND GENERAL RELEASE
Separation and Settlement Agreement • March 7th, 2005 • Heidrick & Struggles International Inc • Services-employment agencies • Illinois

This Separation and Settlement Agreement and General Release (this “Agreement”) is made as of this 4th day of March 2005 (the “Effective Date”), by and between Fritz E. Freidinger (the “Employee”) and Heidrick & Struggles International, Inc. and Heidrick & Struggles, Inc., both Delaware corporations (collectively, the “Company”), concerning the termination of Employee’s employment with the Company.

SEPARATION AND SETTLEMENT AGREEMENT
Separation and Settlement Agreement • July 5th, 2007 • Ckrush, Inc. • Sporting & athletic goods, nec • New York

THIS SEPARATION AND SETTLEMENT AGREEMENT dated June 28, 2007 (the “Agreement”) by and between Ckrush, Inc., a Delaware corporation (the “Company”), located at 336 West 37th Street, Suite 410, New York, New York 10018 and Roy Roberts (the “Executive”), residing at 200 Winston Drive, Cliffside Drive, New Jersey 07010.

SEPARATION AND SETTLEMENT AGREEMENT AND RELEASE
Separation and Settlement Agreement • June 17th, 2005 • Biosphere Medical Inc • Pharmaceutical preparations • Massachusetts

WHEREAS, the parties have differing views of their rights and obligations under Employee’s March 25, 2004 Employment Agreement with the Company, and wish to resolve amicably all issues arising out of Employee’s separation from the Company without resort to litigation;

SEPARATION AND SETTLEMENT AGREEMENT
Separation and Settlement Agreement • November 16th, 2018 • Alliance MMA, Inc. • Services-miscellaneous amusement & recreation • Florida

This Separation and Settlement Agreement (the “Agreement”) is made and entered into as of this July 1, 2018 by and between ALLIANCE MMA, INC. (“Alliance MMA”), and Wilbur (“Burt”) Watson (“Watson”).

SEPARATION AND SETTLEMENT AGREEMENT
Separation and Settlement Agreement • April 2nd, 2020 • Alberton Acquisition Corp • Blank checks • New York

WHEREAS, Bin Wang (hereinafter referred to as the “Executive”) and Alberton Acquisition Corporation (hereinafter referred to as the “Company”) and Hong Ye Hong Kong Shareholding Co., Ltd. (hereinafter referred to as the “Sponsor”) have agreed that Executive will resign, as Chief Executive Officer and Chairman of the Board of Company on the terms set forth in this Separation and Settlement Agreement and Releases (the “Agreement”) on March 30, 2020 (the “Termination Date”).

SEPARATION AND SETTLEMENT AGREEMENT
Separation and Settlement Agreement • August 13th, 2015 • Banc of California, Inc. • National commercial banks • California

This Separation and Settlement Agreement (this “Agreement”) is entered into as of August 12, 2015, by and between Ronald J. Nicolas, Jr. (the “Executive”), and Banc of California, Inc., a Maryland corporation (the “Company”). The Executive and the Company are referred to as the “Parties,” and each as a “Party,” in this Agreement.

SEPARATION AND SETTLEMENT AGREEMENT WITH GENERAL COMPLETE RELEASE OF ALL CLAIMS
Separation and Settlement Agreement • July 6th, 2015 • Elite Data Services, Inc. • Orthopedic, prosthetic & surgical appliances & supplies • Tennessee

This SEPARATION AND SETTLEMENT AGREEMENT WITH GENERAL COMPLETE RELEASE OF ALL CLAIMS (this “Agreement”) is made by and between Elite Data Services, Inc. (the “Company”) and Steven Frye (“Mr. Frye”), with respect to the voluntary resignation tendered by Mr. Frye as Chief Executive Officer, Chief Financial Officer, and President of the Company via the Resignation Letter, dated December 6, 2015 (the “Resignation Letter”).

SEPARATION AND SETTLEMENT AGREEMENT
Separation and Settlement Agreement • March 2nd, 2020 • LivaNova PLC • Electromedical & electrotherapeutic apparatus

The Company has employed the Executive as General Manager, Cardiac Surgery since 10 April 2017 under the terms of a Service Agreement dated 28 February 2017 as varied by the parties prior to the date of this Agreement (the “Service Agreement”). Contemporaneous with the reorganization of the Company effective on 1 January 2020, pursuant to which the Company will no longer operate under a structure with a Cardiac Surgery franchise, Executive and the Company desire to plan for Executive’s transition to a new position with the Company and for Executive’s eventual separation from the Company.

SEPARATION AND SETTLEMENT AGREEMENT AND RELEASE
Separation and Settlement Agreement • March 23rd, 2021 • fuboTV Inc. /FL • Services-motion picture & video tape production • New York

This Separation and Settlement Agreement and Release (“Agreement”) is made by and between Jordan Fiksenbaum (“Individual”) and fuboTV Inc. (fka FaceBank Group, Inc.) (the “Company”) (jointly referred to as the “Parties” or individually referred to as a “Party”).

SEPARATION AND SETTLEMENT AGREEMENT AND RELEASES
Separation and Settlement Agreement • September 10th, 2018 • CBS Corp • Television broadcasting stations • New York

WHEREAS, Leslie Moonves (hereinafter referred to as the “Executive”) and CBS Corporation (hereinafter referred to as “Employer”) are parties to an Employment Agreement dated May 19, 2017 (the “Employment Agreement”), which provides for the Executive’s employment with Employer on the terms and conditions specified therein; and

DANIEL C. STEVENS SEPARATION AND SETTLEMENT AGREEMENT AND GENERAL RELEASE
Separation and Settlement Agreement • October 5th, 2006 • Taylor Capital Group Inc • State commercial banks • Illinois

This Separation and Settlement Agreement and General Release (this “Agreement”) is made this 5th day of October 2006 (the “Effective Date”), by and between Daniel C. Stevens (the “Employee”), Taylor Capital Group, Inc., and Cole Taylor Bank (collectively, the “Company”), concerning the Employee’s termination of employment with the Company.

SEPARATION AND SETTLEMENT AGREEMENT
Separation and Settlement Agreement • March 1st, 2013 • Duke Energy CORP • Electric & other services combined • North Carolina

This Separation and Settlement Agreement (this “Agreement”) is entered into as of December 31, 2012 by and between Jeffrey J. Lyash (the “Executive”), and Duke Energy Corporation, a Delaware corporation (“Duke Energy”). The Executive and Duke Energy are referred to as the “Parties,” and each as a “Party,” in this Agreement.

SEPARATION AND SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
Separation and Settlement Agreement • May 2nd, 2017 • PLx Pharma Inc. • Pharmaceutical preparations • Texas

THIS SEPARATION AND SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS is by and between DAVID JORDEN (“Employee”) and PLX PHARMA INC., its affiliates, directors, officers, managers, supervisors, other employees, agents, and representatives (collectively referred to as “Employer” or “Company”).

SEPARATION AND SETTLEMENT AGREEMENT
Separation and Settlement Agreement • July 31st, 2013 • Mount Knowledge Holdings, Inc. • Services-prepackaged software • Nevada

This SEPARATION AND SETTLEMENT AGREEMENT (this “Agreement”) is entered into on December 28, 2012 (the “Effective Date”) by and among MOUNT KNOWLEDGE HOLDINGS, INC., a Nevada corporation (the “Company”), and BIRCH FIRST GLOBAL INVESTMENTS INC. (“BFGI”).

KEVIN J. SMITH SEPARATION AND SETTLEMENT AGREEMENT AND GENERAL RELEASE
Separation and Settlement Agreement • March 12th, 2004 • Heidrick & Struggles International Inc • Services-employment agencies • Illinois

This Separation and Settlement Agreement and General Release (this “Agreement”) is made as of this 13th day of February 2004 (the “Effective Date”), by and between Kevin J. Smith (the “Employee”) and Heidrick & Struggles International, Inc., and Heidrick & Struggles, Inc., both Delaware corporations (collectively, the “Company”) concerning the Employee’s termination of employment with the Company.

SEPARATION AND SETTLEMENT AGREEMENT WITH MUTUAL GENERAL COMPLETE RELEASE OF ALL CLAIMS
Separation and Settlement Agreement • September 9th, 2003 • Netiq Corp • Services-prepackaged software • California

This SEPARATION AND SETTLEMENT AGREEMENT WITH MUTUAL GENERAL COMPLETE RELEASE OF ALL CLAIMS (this “Agreement”) is made by and between NetIQ Corporation (the “Company”) and Glenn S. Winokur (“Employee”), with respect to the separation of Employee’s employment with the Company and his resignation from a position as an officer of the Company, and shall be effective as of the 23rd day of April, 2003 (the “Effective Date”).

Separation and Settlement Agreement
Separation and Settlement Agreement • August 6th, 2008 • Collexis Holdings, Inc. • Services-prepackaged software • South Carolina

This agreement will be governed by the laws of the State of South Carolina, USA. Each Party hereto agrees that it will not bring any suit, action, or other proceeding to enforce the provisions of this Agreement in any court other than the state court situated in Richland County, South Carolina, USA, or if such court does not have jurisdiction with respect to such proceeding, the federal court sitting in or nearest to Columbia, South Carolina, USA. Each Party hereto irrevocably and unconditionally submits to the exclusive jurisdiction of any such state or federal court over any such proceeding and agrees that it will not attempt to deny or defeat personal jurisdiction by motion or other request for leave from any such court. Each Party irrevocably and unconditionally waives any objection to the laying of venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action, proceeding has been brought in an inconvenient forum.

AMENDMENT NO. 1 TO SEPARATION AND SETTLEMENT AGREEMENT
Separation and Settlement Agreement • December 31st, 2013 • Mount Knowledge Holdings, Inc. • Services-prepackaged software

THIS AMENDMENT NO. 1 TO SEPARATION AND SETTLEMENT AGREEMENT (“Amendment”) is made as of the 30th day of September 2013 (the “Effective Date”) by and among Mount Knowledge Holdings, Inc., a Nevada corporation (the “Company”), and Birch First Global Investments Inc., a U.S. Virgin Islands corporation (“BFGI”).

RICHARD M. RIESER SEPARATION AND SETTLEMENT AGREEMENT AND MUTUAL RELEASE
Separation and Settlement Agreement • October 29th, 2007 • Mb Financial Inc /Md • Savings institution, federally chartered • Illinois

This Separation and Settlement Agreement and Mutual Release (this “Agreement”) is made this 23rd day of October, 2007, by and between Richard M. Rieser (the “Executive”) and MB Financial, Inc. (the “Company”) concerning the Executive’s termination of employment with the Company.

SEPARATION AND SETTLEMENT AGREEMENT WITH GENERAL COMPLETE RELEASE OF ALL CLAIMS
Separation and Settlement Agreement • February 12th, 2002 • Netiq Corp • Services-prepackaged software • Texas

This SEPARATION AND SETTLEMENT AGREEMENT WITH GENERAL COMPLETE RELEASE OF ALL CLAIMS (this “Agreement”) is made between NetIQ Corporation (the “Company”) and Thomas P. Bernhardt (“Employee”), with respect to the change in status of Employee’s employment with NetIQ and his resignation from a position as an officer and director of NetIQ, and is effective as of February 5, 2002 (the “Effective Date”).

SEPARATION AND SETTLEMENT AGREEMENT
Separation and Settlement Agreement • December 29th, 2004 • Yp Corp • Services-computer programming services • Arizona

THIS SEPARATION AND SETTLEMENT AGREEMENT between YP Corp., a Nevada corporation, f/k/a YP.Net, Inc. (the “Company”), MAR & Associates, Inc., an Arizona corporation (“MAR”) and David J. Iannini (“Iannini”), is entered into and effective this 16th day of July 2004 (the “Effective Date”).

SEPARATION AND SETTLEMENT AGREEMENT
Separation and Settlement Agreement • September 27th, 2012 • First Pactrust Bancorp Inc • National commercial banks • California

This Separation and Settlement Agreement (this "Agreement") is entered into as of September 21, 2012 by and between Gregory A. Mitchell (the "Executive"), and First PacTrust Bancorp, Inc., a Maryland corporation ("First PacTrust"). The Executive and First PacTrust are referred to as the "Par­ties," and each as a "Party," in this Agreement.

SEPARATION AND SETTLEMENT AGREEMENT AND RELEASE
Separation and Settlement Agreement • October 1st, 2020 • fuboTV Inc. /FL • Services-motion picture & video tape production • Florida

This Separation and Settlement Agreement and Release (“Agreement”) is made as of August 1, 2020 by and between Alexander Bafer (“Chairman”) and FaceBank Group, Inc. (the “Company”) (jointly referred to as the “Parties” or individually referred to as a “Party”).