General Release of All Claims
This Release of All Claims is entered into by Timothy P. Cofer (Executive) and Central Garden & Pet Company and/or any of its wholly owned subsidiaries, successors and assigns (collectively called the Company).
WHEREAS, the parties entered into an Employment Agreement (Employment Agreement) which became effective as of October 14, 2019 that provides for certain severance and other benefits in the event of Executives termination; and
WHEREAS, pursuant to the Employment Agreement, Executives entitlement to such severance and other benefits in the event of termination is conditioned upon Executive signing a general release of all claims (Agreement); and
WHEREAS, Executives employment with the Company shall terminate effective (Termination Date);
NOW THEREFORE, in consideration of the severance and other benefits provided in the Employment Agreement, and other good and sufficient consideration, the parties agree as follows:
1. Executive, his successors and assigns, completely release the Company, its agents, employees, former employees, members of the board of directors, officers, insurers, successors and assigns (the Released Parties) from all claims, rights, demands, actions, obligations, and causes of action of every kind, known or unknown, which Executive may now have, or has ever had, arising from or in any way connected with the employment relationship between the parties, any actions during the relationship, or the termination thereof, including but not limited to all claims for harassment, discrimination, or wrongful discharge; all claims relating to any contracts, express or implied; any covenant of good faith and fair dealing, express or implied; any breach of fiduciary responsibility; any tort of any nature; any claims under federal, state, or municipal common law, statutes or ordinances, including but not limited to claims under the California Fair Employment and Housing Act, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, 42 U.S.C. Section 1981, the Americans With Disabilities Act, the California Family Rights Act, the Family and Medical Leave Act, the Employee Retirement Income Security Act, the state and federal Worker Adjustment Retraining and Notification Acts, the California Workers Compensation Act and any other laws and regulations relating to employment or employment discrimination, as well as any and all claims for attorneys fees and costs. The only claims not released by this Agreement are claims that cannot be released as a matter of law.
2. Executive is aware that Section 1542 of the Civil Code of the State of California and similar provisions in other states provide:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Executive understands that this type of provision gives him the right not to release existing claims of which he is not now aware, unless he voluntarily chooses to waive this right. Executive nevertheless voluntarily waives these rights from the subject of this Agreement, and waive all claims that now exist in his favor, known or unknown.