Form of Release
This Release (Release) is entered into as of , 20 , by and between Apogee Enterprises, Inc., a Minnesota corporation (Apogee), and Ty R. Silberhorn (Executive), an individual residing in the State of Minnesota.
1. Release of Claims. In consideration of the promises, covenants and other valuable consideration provided by Apogee under the Employment Agreement dated as of December 15, 2020, by and between Apogee and Executive (the Employment Agreement) and otherwise, Executive, on behalf of himself, his spouse, successors, heirs, and assigns, and except as expressly set forth herein, hereby unconditionally and forever releases and discharges Apogee, including its parents, affiliates, subsidiaries, and business units, and their current or former shareholders directors, officers, employees, agents, predecessors, successors, assigns, and insurers (collectively referred to as Released Parties) to the fullest extent permitted by law from any and all debts, demands, promises, agreements, claims, causes of action, losses, obligations, liabilities, damages, judgments, costs, expenses (including, but not limited to, attorneys fees) of any nature whatsoever, known or unknown, contingent or non-contingent (collectively, Claims), that Executive had or has as of the date of this Release arising out of or in any way relating to Executives hiring, employment, or separation from employment with Apogee, including but not limited to any Claims (i) under any federal, state or local law, regulation, rule or ordinance including, but not limited to, the Age Discrimination in Employment Act of 1967 (ADEA), 42 U.S.C. §§ 1981-1988, Title VII of the Civil Rights Act of 1964 (Title VII), the Equal Pay Act, the Employee Retirement Income Security Act of 1974 (ERISA), the National Labor Relations Act, the Occupational Safety and Health Act (OSHA), the Family and Medical Leave Act of 1993 (FMLA), the Workers Adjustment and Retraining Notification Act (WARN), the Americans with Disabilities Act of 1990 (ADA), the Minnesota Human Rights Act (MHRA), and any provision of the Minnesota or federal Constitutions; (ii) otherwise for retaliation; harassment; discrimination on any basis; or any related cause of action; as well as for salary, wages, severance pay, vacation pay, sick pay, bonuses, benefits, pension, stock options, overtime, and any other compensation or benefit of any nature; (iii) grounded on contract or tort theories, including but not limited to claims for wrongful discharge, breach of express or implied contract, implied covenant of good faith and fair dealing, intentional or negligent infliction of emotional distress, violation of public policy, conspiracy, invasion of privacy, tortious interference with contract or current or prospective business relationships, promissory estoppel, breach of fiduciary or other duty, breach of manuals or other policies, assault, battery, fraud, false imprisonment, misrepresentation, defamation, including libel, slander, and self-publication defamation, or (iv) any other claim of any kind whatsoever, including but not limited to any claim for damages or declaratory or injunctive relief of any kind. Furthermore, Executive relinquishes any right to re-employment with Apogee or the Released Parties. Executive also relinquishes any right to further payment or benefits under any employment agreement, benefit plan or severance arrangement maintained or previously or subsequently maintained by Apogee or any of the Released Parties or any of its respective
APOG CEO Emp. Agmt