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Agreement. Gross agrees to indemnify and hold harmless
the Company from any and all liens, actions, or claims
on the part of the Internal Revenue Service or any
other tax authority in connection with any payment made
to Gross under subparagraphs 3(b) or 5(a) of this
Agreement. This indemnity and hold harmless agreement
will apply as to the full amount of any such liens,
actions, or claims, and as to the amount of any
expenses incurred in connection therewith.
The Release
The release signed by petitioner defined the universe of
claims released by petitioner in the settlement agreement as
follows:
“My Claims” means all of my existing rights to any
relief of any kind from * * * [Okabena] or the
Investments,[4] whether or not I now know about those
rights including, but not limited to:
1. all claims that arise out of or that relate to my
employment or the termination of my employment
with * * * [Okabena];
2. all claims that arise out of or that relate to the
statements or actions of * * * [Okabena] or the
Investments;
3. all claims for any alleged unlawful discrimination
or any other alleged unlawful practices that arise
out of or that relate to the statements or actions
of * * * [Okabena] or the Investments, including,
but not limited to, claims under the Civil Rights
Act of 1964, the Age Discrimination in Employment
Act, the Americans with Disabilities Act, the
Civil Rights Act of 1991, the National Labor
Relations Act, the Employee Retirement Income
Security Act, the Minnesota Human Rights Act, the
Minnesota Workers’ Compensation Act, and any
4“Investments” was defined as “any present or past
investment entities managed by Okabena Company, and any person
who acted on behalf of or on instructions from any present or
past investment entities managed by Okabena Company.”
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Last modified: May 25, 2011