This is the infamous
"EMMIS GAG ORDER"
they call it a "severance
agreement"
SEVERANCE AGREEMENT
AND GENERAL RELEASE
THIS SEVERANCE AGREEMENT
AND GENERAL RELEASE (the "agreement") is made and entered
into by and among EMMIS TELEVISION BROADCASTING, LP d/b/a (PUT
STATION CALL LETTERS HERE), an Indiana limited partnership with
offices located at (station location here) (EMMIS) and (place
terminated employee here), an individual with residence at (terminateds
home address) ("Emploee")
RECITALS
WHEREAS, Emmis and
Employee desire to amicably terminate their employment relationship;
and
WEREAS, Emmis desires
to offer Employee certain severance payments and benefits in exchange
for Employee's agreement to enter into a severance agreement and
general release.
NOW THEREFORE, in consideration
of the mutual promises and covenants set forth in this Agreement,
and for other good and valuble consideration, the receit and sufficiency
of which are hereby ackknoledged, the parties aggree as follows:
AGREEMENT
1. Employee's employment
with Emmis terminated as of (put date here)( the termination date)
2. Emmis aggrees to
pay the Employee a one-time, lump sum payment of ( Minimum amount
they can give you) persuant to Emmis customary payroll proceedures(subject
to applicable taxes and other required withholdings)(the "settlement
amount"). The settlement amount shall considered severance
compansation in consideration of the general release granted herein
by Employee and full and complete satisfaction of all wages and
monies due and owed to Employee by Emmis. Employee hereby acknowleges
and agrees that the Employee has no right to any other amounts
or types of compansation from Emmis of any kind or character.
Furthermore, Employee hereby expressly agrees to be solely responsible
any tax liability which may result from payment of the aforementioned
sums, including penalties and forfeitures arising from such payment,
and further expressly acknoledges that Emmis is not liable in
any way (other than with respect to amounts withheld by Emmis
for taxes) for any tax consequences attributable to the Settlement
Amount.
3. Employee hereby
represent, warrants and covenants that , during the course of
Employee`s employment with Emmis,Employee has not committed any
act or omission whereby such act or omission would give rise to
claims against the Emmis Group(as hereafter defined) or subject
the Emmis Group to liability for tortious acts of any kind or
character (including but not limited to claims of negligence,
willful misconduct or gross negligence) or any violation of local,
state or federal law, and that Emloyee hereby agrees to indemnify
, defend and hold harmless the Emmis Group from any such claims
or liability relating to, in connection with or in any way arising
out of Employee`s actions during the course of Employee`s employment
with Emmis. Notwithstanding the foregoing, Employee shall not
have any liability to Emmis if: (a) the Employee`s conduct was
in good faith: and (b) the employee reasonably believed that Employee`s
conduct was in the best interests of Emmis; and (c) in the case
of any criminal preceeding, Employee either had : (i) reasonable
cause to believe the Employee`s conduct was lawful; or (ii) no
reasonable cause to believe the Employee`s conduct was unlawful.
4. In consideration
of the promises made herein, Employee , on behalf of Employee,
Employee`s heirs, representatives, agents and assigns, HEREBY
COVENANTS NOT TO SUE, FULLY RELEASES AND FOREVER DISCHARGES (i)
Emmis, (ii) its parent corporation, subsidiaries, affiliats, partners
and related entities, (iii) each of their respective directors,
officers, employees, agents, insurers, attorneys and representatives,
and (iv) each predecessor, successor, and assign thereof (the
"Emmis Group"), from and against any and all actions,
charges, claims, losses, cost, damages, expenses ( including attorney`s
fees and expeses) and liabilities of any kind or character, whether
known or unknown, which Employee now has or may have had through
the date of this Agreement, including but not limited to claims
of negligence, arising out of, in connection with, or in any way
relating to Employee`s employment with Emmis. Employee acknowledges
and agrees that this general release is specifically inteded to
be as broad and comprehensive as permitted by (put state here)
law.
5. Without limiting
the generality of the foregoing, Employee agrees that this release
includes all claims or potential claims arising under the Civil
Rights Act of 1964 (42 U.S.C. s200e, et seq.), the Age
Discrimination in Employment Act (29 U.S.C. s 621, et seq.),
the Americans with Disabilities Act of 1990 (42 U.S.C. s12101,
et seq.), the Employee Retirment and Income Security Act(29
U.S.C s 1001, et seq.), the fair Labor Standards Act (29
U.S.C s 201, et seq.), the (put state here) Employment
Discrimination Law, or any other potential claim arising under
any federal , state or local law andand all causes of action sounding
in contract, tort, or any other common law basis arising prior
to the Effective Date.
6. The Parties acknolwledge
that it is their mutual and specific intent that the above waiver
fully comply with the requirments of the Older Workers Benefit
Protection Act.Accordingly, Employee herby acknowledges that:
(a) Emploee has entered
into this Agreement knowingly and voluntarily with a full understanding
of its terms and conditions;
(b) the Settlement
Amount offered in exchange for Employee`s release of claims exceeds
in kind and scope that to which Employee would have other wise
been legally entitled:
(c) Prior to signing
this Agreement , Employee has been advised in writing to consult
with an attorney of Employee`s choice concerning its terms and
conditions; and
(d) Employee has been
offered forty-five (45) days within which to consider this Agreement.
7. The parties agree
that nothing contained herein shall purport to waiver or affect
any of Employee`s ricght or claims that may arise after the Effective
Date.
8. The parties agree
that this Agreement shall not become effective and enforceable
until seven (7) days after this Agreement is signed by the Employee(
the "Effective Date"), and that the Employee may revoke
this Agreement for any reason by providing written notice of such
intent proir to the Effective Date, therby forfeiting Employee`s
right to receive the Settlement Amount.
9. Employee agrees
not to discuss, or otherwise disclose in any fasion , the existance
or terms of this Agreement with any individual or entity not party
to this Agreement except as required by law or with Emmis` prior
written consent.Furthermore, Employee agrees to refrain from making
any negitive or disparaging remarks of any kind or character to
any individual or entity not party to this agreement regarding
any member of the Emmis Group for a period of two (2) years beginning
on the Effective Date. Employee furthermore understands and agrees
that any violation of this paragraph shall permit Emmis to terminate
this agreement and seek repayment of any ammounts paid to Employee
under the terms of this Agreement.
10. In the event any
portion of this Agreement is adjudged to be invalid or unenforceable,
the remaining portions thereof shall remain in full force and
effect.
11. The parties agree
that this Agreement is entered into and executed solely for the
purpose of terminating the parties` employment relationship on
an amicable and certain basis and shall not be constreued as an
admision of liability or wrongdoing.
12. Each of the agreements
and promises contained in this Agreement shall be binding upon
and shall inure to the benifit of the heirs, executors, administrators,
agents, and successors-in-interest of each of the parties.
13. Each party shall
there own cost or expenses (including but not limited to attorneys`
fees and expenses) incurred in connection with nagotiation, eecution
or delivery of this Agreement or the settlement of any claims
or disputes among the parties.
14. This Agreement
shall be governed by, and construed in accordance with , the laws
of the state of Indiana.
15. This Agreement
constitutes the entire agreement between the parties and shall
not be revised or otherwise changed except by a signed writing
executed by both parties.
IN WITNESS WEREOF,
the parties have themselves signed, or caused a duly autherized
agent thereof to sign, this Agreement on their behalf and thereby
acknowledge their intent to be legally bound by each and all the
terms and conditions of this Agreement.
Read Carfully before
signing- this Agreement contains a general release!
(victoms name)
EMMIS TELEVISION
BROADCASTING,L.P.
d/b/a (station call)
("Emmis")
Signature_________________
By:_____________________
Printed_______________
VP & GM of the station
Date_________________
You have to ask your
self what do they have to hide !!!!!!!!!
Every effort was taken
to copy this thing verbaitum, If there is a type O let me know.
HOME