{"id":40120,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/mutual-release-worldcom-inc-and-bernard-j-ebbers.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"mutual-release-worldcom-inc-and-bernard-j-ebbers","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/compensation\/mutual-release-worldcom-inc-and-bernard-j-ebbers.html","title":{"rendered":"Mutual Release &#8211; WorldCom Inc. and Bernard J. Ebbers"},"content":{"rendered":"<pre>                                 MUTUAL RELEASE\n\n\n         THIS RELEASE (\"Release\") is made by and between Bernard J. Ebbers\n(\"you\") and WorldCom, Inc. (the \"Company\") as of the date set forth below in\nconnection with the parties' execution of the Separation Agreement dated April\n29, 2002 (the \"Separation Agreement\").\n\n1.       EXECUTIVE RELEASE.\n\n         In consideration of the payments and benefits provided for under the\nSeparation Agreement, and for other good and valuable consideration, the receipt\nand sufficiency of which is hereby acknowledged, you hereby agree as follows:\n\n         a. You hereby agree on behalf of yourself, your agents, assignees,\nattorneys, successors, assigns, heirs and executors, to, and you do hereby,\nforever release the Company and its affiliates, predecessors and successors and\nall of their respective past and\/or present officers, directors, partners,\nmembers, managing members, employees, agents, representatives, administrators,\nattorneys, insurers and fiduciaries in their individual and\/or representative\ncapacities (hereinafter collectively referred to as the \"Company Releasees\"),\nfrom any and all causes of action, agreements, damages, judgments, claims,\ndebts, covenants, executions and demands of any kind whatsoever, which you or\nyour heirs, executors, administrators, successors and assigns ever had, now have\nor may have against the Company Releasees or any of them, in law or equity,\nwhether known or unknown to you, for, upon, or by reason of, any matter\nwhatsoever occurring up to the date this Release is signed by you, including\nwithout limitation in connection with or in relation to your employment\nrelationship with the Company or its affiliates or the termination of such\nrelationship; PROVIDED that such released claims shall not include any claims to\nenforce your rights under, or with respect to, the Separation Agreement (such\nreleased claims are collectively referred to herein as the \"Released Claims\").\n\n         b. Notwithstanding the generality of clause (a) above, the Released\nClaims include, without limitation, (i) any and all claims under Title VII of\nthe Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967,\nthe Civil Rights Act of 1971, the Civil Rights Act of 1991, the Fair Labor\nStandards Act, the Employee Retirement Income Security Act of 1974, the\nAmericans with Disabilities Act, the Family and Medical Leave Act of 1993, and\nany and all other federal, state or local laws, statutes, rules and regulations\npertaining to employment or otherwise, and (ii) any claims for wrongful\ndischarge, breach of contract, fraud, misrepresentation or any claims relating\nto compensation, benefits or equity, or any other claims under any statute, rule\nor regulation or under the common law, including compensatory damages, punitive\ndamages, attorney's fees, costs, expenses and all claims for any other type of\ndamage or relief. To ensure that the foregoing release is fully enforceable in\naccordance with its terms, you agree to waive any protection that may exist\nunder any statute and under any principle of common law of the United States or\nany and all States.\n\n\n\n\n                                                                               2\n\n         c. You expressly understand and agree that the obligations of the\nCompany as set forth in the Separation Agreement are in lieu of any and all\nother amounts which you might be, are now, or may become entitled to receive\nfrom the Company or any affiliate upon any claim released herein and, without\nlimiting the generality of the foregoing, you expressly waive any right or claim\nthat you may have or assert with respect to any agreement or arrangement\nrelating to employment, compensation, benefits or equity with the Company or its\naffiliates, and any damages and\/or attorney's fees and costs.\n\n         d. You represent that you have read carefully and fully understand the\nterms of this Release, and that you have been advised to consult with an\nattorney and have had the opportunity to consult with an attorney prior to\nsigning this Release. You acknowledge that you are executing this Release\nvoluntarily and knowingly and that you have not relied on any representations,\npromises or agreements of any kind made to you in connection with your decision\nto accept the terms of this Release, other than those set forth in this Release.\n\n2.       COMPANY RELEASE.\n\n         As a material inducement for you to enter the Separation Agreement, the\nCompany does hereby agree to forever release you, your heirs, successors and\nassigns (hereinafter collectively referred to as the \"Executive Releasees\"),\nfrom any and all causes of action, agreements, damages, judgments, claims,\ndebts, covenants, executions and demands of any kind whatsoever, which the\nCompany ever had, now has or may have against the Executive Releasees or any of\nthem, in law or equity, whether known or unknown, for, upon, or by reason of,\nany matter whatsoever occurring up to the date this Release is signed by the\nCompany, including without limitation in connection with or in relationship to\nyour employment relationship with the Company or its affiliates or the\ntermination of such relationship; PROVIDED that such released claims shall not\ninclude any claims (i) to enforce the Company's rights under, or with respect\nto, the Separation Agreement, or the Letter Agreement, Promissory Note or April\n2 Letter Agreement referenced in Section 5 of the Separation Agreement, or (ii)\nin connection with any fraud, willful misconduct, gross negligence or criminal\nact on your part.\n\n                                       BERNARD J. EBBERS\n\n\n                                       \/s\/ Bernard J. Ebbers\n                                       -----------------------------------------\n\n                                       Date:  April 29, 2002\n\n\n\n                                       WORLDCOM, INC.\n\n\n                                       By: \/s\/ John W. Sidgmore\n                                       -----------------------------------------\n                                       Name: John W. Sidgmore\n                                       Title: President and Chief Executive\n                                              Officer\n                                       Date: April 29, 2002\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[9361],"corporate_contracts_industries":[9519],"corporate_contracts_types":[9539,9551],"class_list":["post-40120","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-worldcom-inc","corporate_contracts_industries-telecommunications__telephone","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\/40120","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=40120"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=40120"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=40120"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=40120"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}