AGREEMENT AND RELEASE
Del Friscos Restaurant Group, Inc. (the Company) and [NAME] (the Employee) agree to the terms and conditions set forth below:
1. Termination. Employees employment with the Employer (as defined under the Del Friscos Restaurant Group Executive Severance Plan (the Severance Plan)) [is] [was] terminated as of [MONTH], 20[ ] (the Termination Date). Employee acknowledges that the Termination Date [is] [was] the termination date of Employees employment for purposes of participation in and coverage under all benefit plans and programs sponsored by or through the Employer. Employee acknowledges and agrees that the Employer shall not have any obligation to rehire Employee, nor shall the Employer have any obligation to consider Employee for employment, after the Termination Date. All capitalized terms used herein, unless defined otherwise herein, shall have the meaning set forth in the Severance Plan.
2. Severance Payment. In exchange for the general release in paragraph 4 below and other promises contained herein, and in accordance with the terms of the Severance Plan, which Employee hereby acknowledges receiving, Employee will receive the Severance Payment under Section 2.2 of the Plan, paid in accordance therewith.
3. Acknowledgment. Employee hereby agrees and acknowledges that the Severance Payment exceeds any payment, benefit or other thing of value to which Employee might otherwise be entitled under any policy, plan or procedure of the Employer, the Company or Affiliates or pursuant to any prior agreement or contract with the Employer, the Company or Affiliates.
4. Release. (a) In exchange for the Severance Payment and other valuable consideration, Employee, for himself or herself and for his or her heirs, executors, administrators and assigns (referred to collectively as Releasors), forever releases and discharges the Employer and any and all of the Employers parent companies, partners, subsidiaries, affiliates, successors and assigns and any and all of its and their past and/or present officers, directors, partners, agents, employees, representatives, counsel, employee benefit plans and their fiduciaries and administrators, successors and assigns (referred to collectively as the Releasees), from any and all claims, demands, causes of action, fees and liabilities of any kind whatsoever, whether known or unknown, which Releasors ever had, now have or may have against Releasees by reason of any actual or alleged act, omission, transaction, practice, conduct, occurrence or other matter up to and including the date Employee signs this Agreement and Release.
(b) Without limiting the generality of the foregoing, this Agreement and Release is intended to and shall release Releasees from any and all claims, whether known or unknown, that Releasors ever had, now have or may have against Releasees arising out of Employees employment with the Employer or any of the Releasees, the terms and conditions of such employment and/or the termination of such employment, including but not limited to: (i) any claim under the Age Discrimination in Employment Act, as amended (ADEA), and/or the Older Workers Benefit Protection Act which laws prohibit discrimination on account of age; (ii) any claim under Title VII of the Civil Rights Act of 1964, as amended, which, among other things, prohibits discrimination/retaliation on account of race, color, religion, sex, and national origin; (iii) any claim under the Americans with Disabilities Act (ADA) or Sections