{"id":39217,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/employment-agreement-hasbro-inc-and-john-t-o-neill.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"employment-agreement-hasbro-inc-and-john-t-o-neill","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/compensation\/employment-agreement-hasbro-inc-and-john-t-o-neill.html","title":{"rendered":"Employment Agreement &#8211; Hasbro Inc. and John T. O&#8217;Neill"},"content":{"rendered":"<pre>\nDecember 30, 1999\n\n\n\nMr. John T. O'Neill\n28 Narragansett Bay Avenue\nWarwick, RI  02889\n\nDear John:    \n\nIn connection with your retirement from employment with Hasbro, \nInc. (the 'Company'), on December 31, 1999, the 'Company' will \npay you the basic early retirement benefits described in Section \n2 of the attached 'Description of Early Retirement Benefits' if \nyou do not sign and return this letter postmarked by February 22, \n2000.\n\nIf you timely sign and return this letter, the Company will pay \nand provide you the enhanced early retirement benefits subject to \nthe terms and conditions outlined in Section 1 of the attached \n'Description of Early Retirement Benefits'.   By signing and \nreturning this letter you will be agreeing to the terms and \nconditions set forth in the numbered paragraphs below, including \nthe release of claims set forth in paragraph 2.  You should \nconsult with your own attorney before signing this letter.\n\nIf after reviewing this letter with your attorney, you find the \nterms and conditions are satisfactory to you, you should sign and \nreturn this letter to Bob Carniaux, Sr. Vice President, Human \nResources in the enclosed Airborne  Express return envelope \npostmarked by February 22, 2000.   If you sign this letter, you \nmay change your mind and revoke your agreement during the seven \n(7) day period after you have signed it.  If you do not so \nrevoke, this letter will become a binding agreement between you \nand the Company upon the expiration of the seven (7) day \nrevocation period.\n\nThe following numbered paragraphs set forth the terms and \nconditions which will apply if you timely sign and return this \nletter and do not revoke it within the seven (7) day revocation \nperiod:\n\n  1.  Description of Early Retirement Benefits.  The early \nretirement benefits to be paid to you if you timely sign and \nreturn this letter are as described in Section 1 of the attached \n'Description of Early Retirement Benefits'.  The payment of these \nbenefits is subject to the terms of this letter.  You acknowledge \nand agree that the benefits payable to you if you timely sign and \nreturn this letter are more than the Company would be obligated \nto pay or provide to you if you did not sign and return this \nletter.\n\n  2.  Release.  You hereby fully, forever, irrevocably and \nunconditionally release, remise and discharge the Company, and \nany subsidiary or affiliated organization of the Company or their \ncurrent or former officers, directors, stockholders, corporate \naffiliates, attorneys, agents and employees (the 'Released \nParties') from any and all claims, charges, complaints, demands, \nactions, causes of action, suits, rights, debts, sums of money, \ncosts, accounts, reckonings, covenants, contracts, agreements, \npromises, doings, omissions, damages, executions, obligations, \nliabilities, and expenses (including attorneys' fees and costs), \nof every kind and nature, known or unknown, which you ever had or \nnow have against the Released Parties, including, but not limited \nto, all claims arising out of your employment, all claims arising \nout of the retirement of your employment, all claims arising from \nany failure to re-employ you, all claims of race, sex, national \norigin, handicap, religious, sexual preference, benefit and age \ndiscrimination, all employment discrimination claims under Title \nVII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000 et seq., \nthe Age Discrimination in Employment Act, 29 U.S.C. Sec. 621 et \n\nJOHN T. O'NEILL             \nDecember 30, 1999  \nPage 2\n \n seq., the Americans with Disabilities Act of 1990, 29 U.S.C. \nSec. 12101 et seq., the Employee Retirement Income Security Act \nof 1974, 29 U.S.C. Sec. 1001 et seq., and similar state or local \nstatutes, wrongful discharge claims, common law tort, defamation, \nbreach of contract and other common law claims, and any claims \nunder any other federal, state or local statutes or ordinances \nnot expressly referenced above; provided, that nothing contained \nherein will be construed to release your rights, as a former \nemployee, officer and director of the Company and various of its \ndivisions and subsidiaries, to indemnification under applicable \nby-laws and Company policies, or to your rights to vested \nbenefits under Company-sponsored employee benefits plans.\n\n  3.  Covenant Not To Sue.  You represent and warrant that you \nhave not filed any complaints, charges, or claims for relief \nagainst the Released Parties.  You further agree not to bring any \ncomplaints, charges or claims against the Released Parties with \nrespect to any matters arising out of your employment with or \nretirement from employment with the Company.\n\n  4.  Proprietary Information.  You acknowledge and reaffirm your \nrepresentations and obligations as set forth in the Invention, \nAssignment and Proprietary Information Agreement which you \npreviously signed in connection with your employment with the \nCompany.\n\n  5.  Legal Expenses.  The Company agrees to pay reasonable and \ndocumented legal expenses, up to a maximum of fifteen thousand \ndollars ($15,000), incurred by you in connection with drafting \nthis Letter Agreement and related documents. \n\n  6.  Nature of Agreement.  You and the Company understand and \nagree that this letter agreement is a early retirement and \nsettlement agreement and does not constitute an admission of \nliability or wrongdoing on the part of you, the Company, or any \nother person.\n\n  7.  Amendment.  This letter agreement shall be binding upon the \nparties and may not be modified in any manner, except by an \ninstrument in writing of concurrent or subsequent date signed by \na duly authorized representative of the parties hereto.  This \nagreement is binding upon and shall inure to the benefit of the \nparties and their respective agents, assigns, heirs, executors, \nsuccessors and administrators.  No delay or omission by the \nCompany in exercising any right under this agreement shall \noperate as a waiver of that or any other right.  A waiver or \nconsent given by the Company on any one occasion shall be \neffective only in that instance and shall not be construed as a \nbar or waiver of any right on any other occasion.\n \n  8.  Validity.  Should any provision of this letter agreement  \nbe declared or be determined by any court of competent \njurisdiction to be illegal or invalid, the validity of the \nremaining parts, terms, or provisions shall not be affected \nthereby and said illegal and invalid part, term or provision \nshall be deemed not to be a part of this agreement.\n \n \n JOHN T. O'NEILL             \n December 30, 1999  \n Page 3\n \n  9.  Confidentiality.  You understand and agree that the terms \nand contents of this letter agreement, and the contents of the \nnegotiations and discussions resulting in this agreement, shall \nbe maintained as confidential by you and your agents and \nrepresentatives, and any dispute resolved by this agreement shall \nalso remain confidential, and none of the above shall be \ndisclosed except to the extent required by federal or state law \nor as otherwise agreed to in writing by an officer of the \nCompany; provided, that you shall not be under any restraint with \nrespect to disclosure of your continuing obligations to the \nCompany under Section 4 and 13 hereof.\n\n  10.  Entire Agreement and Applicable Law.  This letter \nagreement contains and constitutes the entire understanding and \nagreement between the parties hereto with respect to your early \nretirement benefits and settlement of claims against the Company \nand cancels all previous oral and written negotiations, \nagreements, commitments, and writings in connection therewith.  \nThis agreement shall be governed by the laws of the State of \nRhode Island to the extent not preempted by federal law.\n\n  11.  Acknowledgments.  You acknowledge that you have been given \nat least twenty-one (21) days to consider this letter agreement \nand that the Company advised you to consult with any attorney of \nyour own choosing prior to signing this letter.  You may revoke \nthis agreement for a period of seven (7) days after signing this \nletter, and the agreement shall not be effective or enforceable \nuntil the expiration of this seven (7) day revocation period.  \nAdditionally, you will receive another seven (7) day revocation \nperiod if the Company's Compensation and Stock Option Committee \nfails to approve the items described in Section 1(j) of the \nattached Description of Early Retirement Benefits, said seven (7) \ndays to run from receipt by you of written notice of the \nCompensation and Stock Option Committee's decision.\n\n  12.  Voluntary Assent.  You affirm that no other promises or \nagreements of any kind have been made to or with you by any \nperson or entity whatsoever to cause you to sign this letter \nagreement, and that you fully understand the meaning and intent \nof this agreement.  You state and represent that you have had an \nopportunity to fully discuss<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[7732],"corporate_contracts_industries":[9403],"corporate_contracts_types":[9539,9544],"class_list":["post-39217","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-hasbro-inc","corporate_contracts_industries-consumer__toys","corporate_contracts_types-compensation","corporate_contracts_types-compensation__employment"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/39217","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=39217"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=39217"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=39217"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=39217"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}