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GMCR » Topics » GENERAL RELEASE

This excerpt taken from the GMCR 10-Q filed May 7, 2009.

GENERAL RELEASE

This Separation Agreement is entered into by and between Employee and Green Mountain Coffee Roasters, Inc., (hereinafter “GMCR”) in order to set out their agreement on the terms and conditions under which the employment of Employee with GMCR will end.

It is agreed that Employee’s employment with GMCR ended on _________________ (insert date).

GMCR, hereby agrees to provide Employee with the following:

 

  a. Bi-weekly salary payments of $_______________ (less appropriate federal, state, FICA and other deductions) for --— calendar days following the expiration of the 7-day revocation period set out in paragraph 5 below.

It is agreed that these payments include amounts that Employee is not otherwise entitled to.

 

  1. In exchange for the actions to be taken by GMCR, set out above, Employee agrees to the following general release:

 

  a. Employee for herself, her successors, administrators, heirs and assigns, hereby agrees to release, waive and forever discharge GMCR, any affiliated company or subsidiary, their predecessors, successors, affiliates, assigns, shareholders, directors, officers, agents, employees and/or representatives, whether past, present or future (hereinafter “the Released Parties”), from any and all actions, suits, debts, demands, damages, claims, judgments, or liabilities, including costs and attorneys’ fees, whether known or unknown, including, but not limited to, all claims based on the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C.A. Section 621, et seq., Vermont’s Fair Employment Practices Act, any other applicable state laws, including New York, and any applicable Federal Laws. This release applies to claims that arose during the course of and as a result of Employee’s employment with GMCR.

 

  b.

Further, except where prohibited by law, Employee agrees that she will not file any statutory, civil or administrative claim, action, complaint, or grievance or charge of any kind against the Released Parties, relating to the separation of employment. If Employee asserts such a claim, GMCR shall be entitled to cease

 

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making any payments under this Agreement. Employee further understands that, if, after having signed this Agreement, Employee files or causes to be filed, any lawsuit, charge, complaint, grievance, claim, including but not limited to, an administrative action asserting any claim or demand which is within the scope of this Agreement, GMCR shall retain all rights and benefits of this Agreement, and GMCR may recoup the value of all payments and benefits paid pursuant to this Agreement, whether or not the claim made by Employee, or on Employee’s behalf is valid. This provision shall not apply to a claim for unemployment compensation.

 

  1. Employee has waived rights or claims pursuant to this Agreement in exchange for consideration, the value of which exceeds payment or remuneration to which she was already entitled.

 

  2. Employee has been provided twenty-one (21) days within which to consider whether she would sign this agreement. Employee understands that should she decide to execute the Agreement in fewer than 21 days, she has done so after having the opportunity of consulting with an attorney and with the express understanding that she has been given and has freely and voluntarily declined the opportunity to consider the agreement for a full twenty-one (21) days.

 

  3. Employee has been advised that she may consult with an attorney of her choosing prior to executing this Agreement.

 

  4. Employee may revoke this Agreement within seven (7) days after it is executed by giving written notice to Kathy Brooks, Vice-President of Human Resources, Green Mountain Coffee Roasters, Inc., 33 Coffee Lane, Waterbury, Vermont 05676-1529.

 

  5. This Agreement contains the entire understanding between Employee and GMCR relating to the subject matter of Employee’s separation and Employee agrees that GMCR has not made any oral or written promises to Employee that are not fully or accurately set forth in this Agreement.

 

  6. The provisions of this Agreement shall be construed in accordance with the internal laws of the State of Vermont.

 

  7. In the event that any paragraph, subparagraph or provision of this Agreement shall be determined to be partially contrary to governing law or otherwise partially enforceable, the paragraph, subparagraph, or provision and this Agreement shall be enforced to the maximum extent permitted by law, and if any paragraph, subparagraph, or provision of this Agreement shall be determined to be totally contrary to governing law or otherwise totally unenforceable, the paragraph, subparagraph, or provision shall be severed and disregarded and the remainder of this Agreement shall be enforced to the maximum extent permitted by law.

 

  8. The parties acknowledge by signing this Agreement that they have read and understand this document, that they have conferred with or had opportunity to confer with an attorney regarding the terms and meaning of this Agreement, that they have had sufficient time to consider the terms provided for in this Agreement, that no representation or inducements have been made to them except as set forth herein, and that they have signed the same KNOWINGLY AND VOLUNTARILY.

 

  9. This Agreement may not be modified, altered or changed except upon written consent of both parties.

 

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PLEASE READ THIS AGREEMENT CAREFULLY. This separation agreement and general release includes releases of all known and unknown claims.

Date Received by Employee:                                 

Date executed:                                                                                           

Employee

Date:                                          Green Mountain Coffee Roasters, Inc.

By:                                                                      

Kathy Brooks, Vice-President of Human Resources

 

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