{"id":39990,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/general-release-cybershop-com-inc-and-jeffrey-leist.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"general-release-cybershop-com-inc-and-jeffrey-leist","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/compensation\/general-release-cybershop-com-inc-and-jeffrey-leist.html","title":{"rendered":"General Release &#8211; CyberShop.com Inc. and Jeffrey Leist"},"content":{"rendered":"<pre>\n                                 GENERAL RELEASE\n\n\nThis General Release (the 'Agreement') confirms the following understandings and\nagreements between CYBERSHOP.COM, INC. ('Employer'), and JEFFRFEY LEIST\n('Employee') concerning Employee's employment and termination thereof.\n\n         1. Employment Status:\n\n                  Employee's employment shall be governed by the terms of a\nletter dated February 14, 2000 ('Letter Agreement') which is attached hereto as\nExhibit A.\n\n         2. (a) Full Release: In consideration of the benefits and compensation\nprovided in the Letter Agreement, Employee, for himself, his heirs, executors,\nadministrator, successors, and assigns (hereinafter referred to as the\n'Releasors') hereby fully releases and discharges Employer, its officers,\ndirectors, employees, agents, insurers, underwriters, subsidiaries, parents,\naffiliates, successors or assigns (all such persons, firms, corporations and\nentities being deemed beneficiaries hereof and are referred to herein as the\n'Releasees') from any and all actions, causes of action, claims, obligations,\ncosts, losses, liabilities, damages, attorneys' fees, and demands of whatsoever\ncharacter, whether or not known, suspected or claimed, which the Releasors have,\nor hereafter may have, against the Releasees by reason of any matter, fact or\ncause whatsoever from the beginning of time to the date of this Agreement,\nincluding, without limitation, all claims arising out of or in any way related\nto Employee's employment or the termination of his employment. This Agreement of\nEmployee shall be binding on the executors, heirs, administrators, successors\nand assigns of Employee and shall inure to the benefit of the respective\nexecutors, heirs, administrators, successors and assigns of the Releasees.\n\n            (b) For and in consideration of the release set forth in clause (a)\nabove, Employer, for and on behalf of the Releasees, releases Employee from any\nand all actions, causes of action, claims, obligations, costs, losses,\nliabilities, damages, attorneys' fees, and demands of whatsoever character,\nwhether or not known, suspected or claimed, which the Employer has, or hereafter\nmay have, against Employee by reason of any matter, fact or cause whatsoever\nfrom the beginning of time to the date of this Agreement, including, without\nlimitation, all claims arising out of or in any way related to Employee's\nemployment or the termination of his employment.\n\n         3. Confidentiality: Employee agrees that the terms of this Agreement\nhave been and shall be held strictly confidential by him and his attorneys and\naccountants, and that he shall not, and shall instruct his attorneys and\naccountants not to disclose any such information, orally or in writing, to\nanyone else, including without limitation, any past, present or future employee\nor agent of the Employer. Employee recognizes that, in the event he or his\nattorneys disclose any information contrary to the confidentiality provisions of\nthis Agreement, any such\n\n\n\n\n\n\ndisclosure would be a material breach of the Agreement for which the Employer\nshall be entitled to recover payments made under the Letter Agreement, in\naddition to its other remedies in law and equity.\n\n         4. Releasees' Express Denial of Liability: The payment by the Releasees\nof the amount specified herein above shall not be deemed an admission that any\nliability of the Releasees exists, and in making such payment Releasees do not\nadmit, and expressly deny, any liability.\n\n         5. Waiver of Rights Under Other Statutes: Employee understands that his\nAgreement includes the waiver of claims and rights Employee may have under other\napplicable statutes, including without limitation, Title VII of the Civil Rights\nAct of 1964; the Civil Rights Act of 1991; the Employee Retirement Income\nSecurity Act; the Equal Pay Act; the Rehabilitation Act of 1973; the Americans\nwith Disabilities Act; the Family and Medical Leave Act; the New Jersey Family\nLeave Act; the New Jersey Law Against Discrimination; the Fair Labor Standards\nAct; the New Jersey Wage and Hour Act; and\/or the New Jersey Conscientious\nEmployee Protection Act, and any and all amendments to any of same.\n\n         6. Waiver of Rights Under the Age Discrimination in Employment Act:\nEmployee understands that this Agreement, and the release contained herein,\nwaives claims and rights Employee might have under the Age Discrimination in\nEmployment Act ('ADEA'). The monies and other benefits offered to Employee in\nthis Agreement are in addition to any sums or benefits that Employee would be\nentitled without signing this Agreement. For a period of seven (7) days\nfollowing execution of this Agreement, Employee may revoke the terms of this\nAgreement by a written document received by Employer on or before the end of the\nseven (7) day period (the 'Effective Date'). The Agreement will not be effective\nuntil said revocation period has expired. Employee acknowledges that he has been\ngiven up to twenty-one (21) days to decide whether to sign this Agreement.\nEmployee has been advised to consult with an attorney prior to executing this\nAgreement.\n\n         7. Return of Property: Employee agrees to return to the Employer all\nEmployer property, including without limitation, mailing lists, reports, files,\nmemoranda, records, computer hardware, software, credit cards, door and file\nkeys, computer access codes or disks and instructional manuals, and other\nphysical or personal property which Employee received or prepared or helped\nprepare in connection with his employment with Employer, and that Employee will\nnot retain any copies, duplicates, reproductions or excerpts thereof. Employer\nrecognizes that Employee states that he has returned all Employer property in\nhis possession.\n\n         8. No Disparagement:\n\n                  (a) Employee agrees that he shall not make, or cause to be\nmade, any statement or communicate any information (whether oral or written)\nthat disparages or reflects negatively on Employer or any of the Releasees.\nNothing herein shall preclude Employee from complying with a subpoena or other\nlawful process.\n\n                  (b) Employer agrees that it shall not make, or cause to be\nmade, any statement or communicate any information (whether oral or written)\nthat disparages or reflects negatively on Employee. Employer also agrees that\n\n\n\n\n\n\nit shall not interfere with Employee's efforts to obtain subsequent employment.\nIt shall not be a violation of this paragraph 9(b) if an employee or independent\ncontractor of Employer disparages Employee or interferes with his efforts to\nobtain subsequent employment outside the scope of his or her employment or\nwithout the authority of Employer. Nothing herein shall preclude Employer from\ncomplying with a subpoena or other lawful process.\n\n         9. Employment Agreement is Terminated:With the exception of paragraphs\n9 and 10 of your employment agreement (the 'Employment Agreement') dated\nFebruary 7, 1999, which shall remain in full force and effect and is hereby\naffirmed and ratified, the Employment Agreement and will be terminated as of the\nTermination Date.\n\n         10. No Suit: Employee represents that he has not filed or permitted to\nbe filed against the Employer or any of the other Releasees, individually or\ncollectively, any lawsuits, and he covenants and agrees that he will not do so\nat any time hereafter. Employee will not voluntarily participate in any judicial\nproceeding against any of the Releasees that in any way involve the allegations\nand facts that he could have raised against any of the Releasees in any forum as\nof the date hereof. Employee agrees that he will not encourage or cooperate with\nany other current or former employee of Employer or any potential plaintiff to\ncommence any legal action or make any claim against the Employer or against the\nReleasees in respect of such persons employment with the Employer or otherwise.\n\n         11. Entire Agreement: Except as otherwise set forth herein, this\nAgreement including Exhibit A, sets forth the entire agreement between the\nparties relating to the subject matter hereof. This Agreement may not be changed\norally but changed only in a writing signed by both parties.\n\n         12. Miscellaneous:\n\n                  (a) This Agreement shall be governed in all respects by laws\nof the State of New Jersey.\n\n                  (b) In the event that any one or more of the provisions of\nthis Agreement is held to be invalid, illegal or unenforceable, the validity,\nlegality and enforceability of the remaining provisions will not in any way be\naffected or impaired thereby. Moreover, if any one or more of the provisions\ncontained in this Agreement is held to be excessively broad as to duration,\nscope, activity or subject, such provisions will be construed by limiting and\nreducing them so as to be enforceable to the maximum extent compatible with the\napplicable law.\n\n                  IN WITNESS THEREOF, Employer and Employee have executed this\nGeneral Release on this ____ day of ______________, 2000.\n\n\n                                             CYBERSHOP.COM, INC.\n\n\n\n                                             By:_____________________________\n\n\n\n\n\n                                             ________________________________\n                                             JEFFREY LEIST\n\n\n\n                                             Date:___________________________\n\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[7700],"corporate_contracts_industries":[9510],"corporate_contracts_types":[9539,9551],"class_list":["post-39990","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-gsv-inc","corporate_contracts_industries-technology__programming","corporate_contracts_types-compensation","corporate_contracts_types-compensation__severance"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/39990","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=39990"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=39990"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=39990"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=39990"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}