General Release and Waiver of Claims
This General Release and Waiver of Claims (Release) is made effective as of October __, 2019, by and between StoneMor GP LLC (the Company), the general partner of StoneMor Partners L.P. (the Partnership), and James Ford (you):
WHEREAS, you were employed as Chief Operating Officer and Senior Vice President of the Company pursuant to an Employment Agreement with an effective date of March 1, 2018 (the Employment Agreement); and
WHEREAS, pursuant to the Separation Agreement by and between the Company, the Partnership and you effective as of September 17, 2019 (the Separation Agreement), your employment with the Company as Chief Operating Officer and Senior Vice President terminated effective on October 1, 2019 (the Separation Date); and
WHEREAS, in consideration for your service to the Company and for the release and waiver of claims set forth herein, the Company desires to provide to you certain severance benefits as set forth in the Separation Agreement;
NOW, THEREFORE, in consideration of the mutual covenants set forth below, the parties agree as follows:
1. Severance Benefits. If you sign and do not timely revoke this Release, agreeing to be bound by the release of Claims in Paragraph 2 below and the other terms and conditions of this Release described herein, the Company will provide you with the Severance Benefits set forth in Paragraph 2 of the Separation Agreement, subject to the conditions set forth in this Release and in the Separation Agreement (the Severance Benefits).
(a) In exchange for the Severance Benefits, you release and forever discharge, to the maximum extent permitted by law, the Company and each of the other Releasees as defined below, from any and all claims, causes of action, complaints, lawsuits, demands or liabilities of any kind, known or unknown by you, those that you may have already asserted or raised as well as those that you have never asserted or raised (collectively Claims) as described below which you, your heirs, agents, administrators or executors have or may have against the Company or any of the other Releasees arising out of or relating to any conduct, matter, event or omission existing or occurring before you sign this Release, and any monetary or other personal relief for such Claims, including but not limited to the following: (i) any Claims having anything to do with your employment (including the cessation of your employment) with the Company and/or any of its parent, subsidiary, related and/or affiliated companies; (ii) any Claims for severance, benefits, bonuses, incentive compensation, equity awards and interests, commissions and/or other compensation of any kind; (iii) any Claims for reimbursement of expenses of any kind; (iv) any Claims for attorneys fees or costs; (v) any Claims under the Employee Retirement Income Security Act (ERISA); (vi) any Claims of discrimination and/or harassment based on age, sex, pregnancy, race, religion, color, creed, disability, handicap, failure to accommodate, citizenship, marital status, national origin, ancestry, sexual orientation, gender identity, genetic