This excerpt taken from the GMCR 10-Q filed May 8, 2008.
POST-EMPLOYMENT RELEASE OF CLAIMS
In exchange for and in consideration of the severance benefits to be provided to me by Keurig, Incorporated (the Company) in accordance with the Separation and Transition Agreement between me, the Company and the Parent referred to therein dated on or about March , 2008 (the Agreement), which are conditioned on my signing this Post-Employment Release of Claims (this Release of Claims) and to which I would not otherwise be entitled, I, on my own behalf and that of my heirs, executors, administrators, beneficiaries, personal representatives and assigns, and all others connected with or claiming through me, hereby release and forever discharge the Company, its parent, and their subsidiaries and other affiliates and all of their respective past, present and future directors, shareholders, officers, members, managers, general and limited partners, employees, employee benefit plans, agents, representatives, successors and assigns, and all others connected with any of them, both individually and in their official capacities, from any and all causes of action, rights or claims of any type or description, known or unknown, which I have had in the past, now have, or might now have through the date of my signing of this Release of Claims, including without limitation any causes of action, rights or claims in any way resulting from, arising out of or connected with my employment by the Company or its termination or pursuant to any federal, state or local law, regulation or other requirement (including without limitation Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Employee Retirement Income Security Act, and the fair employment practices laws of the state or states in which I have provided services to the Company, its parent and any of their subsidiaries and affiliates, each as amended from time to time).
Excluded from the scope of this Release of Claims is (i) any claim arising under the Agreement from a breach thereof occurring after I sign this Release of Claims or under the Agreement for Consulting Services referred to in the Agreement, (ii) any rights I have to exercise any Stock Option pursuant to the Agreement and the applicable Stock Plan and/or the option agreement or other award documentation pertaining to the Stock Options; and (iii) any right of indemnification that I have pursuant to applicable law or the Articles of Incorporation or By-Laws of the Company and (iv) vested employee benefits under the employee benefit plans of the Company or its affiliates.
In signing this Release of Claims, I acknowledge my understanding that I may not sign it prior to the Separation Date, as defined in the Agreement, but that I may consider the terms of this Release of Claims for up to twenty-one (21) days following the Separation Date. I also acknowledge that I was advised by the Company to seek the advice of an attorney prior to signing this Release of Claims; that I have had sufficient time to consider this Release of Claims and to consult with an attorney, if I wished to do so, or to consult with any other of those persons to whom reference is made in Section 13(b) of the Agreement before signing; and that I am signing this Release of Claims voluntarily and with a full understanding of its terms. Further, I acknowledge that this Release of Claims is independent of, but does not supersede, the release of claims contained in the Agreement.
I further acknowledge that, in signing this Release of Claims, I have not relied on any promises or representations, express or implied, that are not set forth or referred to expressly in the Agreement. I understand that I may revoke this Release of Claims at any time within seven (7) days of the date of my signing by giving written notice to the Chief Executive Officer of the Companys Parent, Green Mountain Coffee Roasters, Inc. prior to the expiration of that seven (7) days, and that this Release of Claims will take effect only upon the expiration of such seven-day revocation period and only if I have not timely revoked it.
Intending to be legally bound, I have signed this Release of Claims under seal as of the date written below.