General Release of Claims
This GENERAL RELEASE OF CLAIMS (this Release), made by and between Mark E. Almeida (hereinafter referred to as Employee), and Moodys Corporation (hereinafter deemed to include its worldwide subsidiaries and affiliates and referred to as the Company).
1. In consideration for the benefits promised to the Employee in, and set forth in the letter agreement, dated ●, 2019 (the Agreement) which Employee acknowledges and agrees are just and sufficient consideration for the waivers, releases and commitments set forth herein, Employee hereby WAIVES, RELEASES and FOREVER DISCHARGES the Company and its past and present parents, subsidiaries, affiliates and divisions, their respective successors and assigns, and all of their respective past and present directors, officers, representatives, stockholders, agents, employees, attorneys, agents, fiduciaries, plan administrators, services providers, parties in interest, and trustees or administrators of any Company plan or employee benefit plan sponsored by the Company, any Company plan, and any employee benefit plan sponsored by the Company, whether as individuals or in their official capacity, and the respective heirs and personal representatives (together, Releasees), from any and all legally waivable claims, grievances, injuries, controversies, agreements, covenants, promises, debts, accounts, actions, causes of action, suits, arbitrations, sums of money, attorneys fees, costs, damages or any right to any monetary recovery or any other personal relief, whether known or unknown, in law or in equity, by contract, tort, law of trust or pursuant to federal, state or local statute, regulation, ordinance or common law, which Employee now has, ever has had, or may hereafter have, based upon or arising from any fact or set of facts, acts or omissions, whether known or unknown to Employee, from the beginning of time until the date of execution of this Release (together, Claims), including, but not limited to, Claims arising out of or relating in any way to Employees employment or other relationship with the Company or termination of that employment or other relationship. This RELEASE includes, but is not limited to, any claim for unlawful discrimination under the Age Discrimination in Employment Act (ADEA), Title VII of the Civil Rights Act of 1964, as amended, the Older Workers Benefits Protection Act (OWBPA), the Equal Pay Act (EPA), the Employee Retirement Income Security Act (ERISA) (including, but not limited to, claims for breach of fiduciary duty under ERISA), the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 1981, the Family and Medical Leave Act of 1993 (FMLA), New York State Human Rights Law, New York Equal Pay Law, New York State Civil Rights Law, New York Off-duty Conduct Lawful Activities Discrimination Law, New York State Labor Relations Act, Article 23-A of the New York State Corrections Law, New York Whistleblower Statute, New York Family Leave Law, New York Minimum Wage Act, New York Wage and Hour Law, New York Wage Hour and Wage Payment Law, New York State Worker Adjustment and Retraining Notification Act, the retaliation provisions of New York Workers Compensation Law; New York City Human Rights Law; and the New York City Earned Sick Time Act, including all amendments thereto. In consideration for Employees release of the Releasees, the Company hereby discharges and generally releases Employee from all claims, causes of action, suits, agreements, and damages which each such party may have now or in the future against Employee for any act, omission, or event relating to Employees employment with the Company or termination of employment therefrom occurring up to and including the date on which Employee signs this Release to the extent that any such claim, cause of action, suit, agreement, or damages is based on facts, acts, omissions, circumstances, or events actually known as of the date of this Release to the Companys Board of Directors (Board), or facts, acts, omissions, circumstances, or events which, as of the date of this Release, the Board reasonably should have been aware of.