Change in Control Agreement. Waiver and Release The attached Waiver and Release is to be given to Xx. XxXxxxx upon the occurrence of an event that triggers eligibility for severance benefits under the Change in Control Agreement, as described in Section 2.2 of such Agreement. CHANGE IN CONTROL AGREEMENT Waiver and Release I, Xxxxxxx Xxxxxxx XxXxxxx, understand that I am entitled to receive the severance benefits described in Article II of the Change in Control Agreement (the “Agreement”) if I execute this Waiver and Release (“Waiver”) within thirty (30) days of my Separation Date. I understand that the benefits I will receive under the Agreement are in excess of those I would have received from The Southern Company and Alabama Power Company (collectively, the “Company”) if I had not elected to sign this Waiver. I recognize that I may have a claim against the Company under the Civil Rights Act of 1964 and 1991, the Age Discrimination in Employment Act, the Rehabilitation Act of 1973, the Energy Reorganization Act of 1974, as amended, the Americans with Disabilities Act or other federal, state and local laws. In exchange for receiving the severance and welfare benefits under Article II of the Agreement, I hereby voluntarily and irrevocably waive, release, dismiss with prejudice, and withdraw all claims, complaints, suits or demands of any kind whatsoever (whether known or unknown) which I ever had, may have, or now have against The Southern Company, Southern Company Services, Inc., Alabama Power Company, Georgia Power Company, Gulf Power Company, Mississippi Power Company, Savannah Electric and Power Company, Southern Communications Services, Inc. d/b/a Southern LINC, Southern Company Energy Solutions, L.L.C., Southern Nuclear Operating Company, Inc., Southern Telecom, Inc., Southern Company Management Development, Inc., and other current or former subsidiaries or affiliates of The Southern Company and their past, present and future officers, directors, employees, agents, insurers and attorneys (collectively, the “Releasees”), arising from or relating to (directly or indirectly) my employment or the termination of my employment or other events occurred as of the date of execution of this Agreement, including but not limited to:
Appears in 1 contract
Change in Control Agreement. Waiver and Release The attached Waiver and Release is to be given to Xx. XxXxxxx upon the occurrence of an event that triggers eligibility for severance benefits under the Change in Control Agreement, as described in Section 2.2 of such Agreement. CHANGE IN CONTROL AGREEMENT Waiver and Release I, Xxxxxxx Xxxxxxx XxXxxxxMichael D. Garrett, understand that I am entitled to receive the severance benefits sxxxxxxxx xxxxxxxx described in Article II of the Change in Control Agreement (the “"Agreement”") if I execute this Waiver and Release (“"Waiver”) within thirty (30) days of my Separation Date"). I understand that the benefits I will receive under the Agreement are in excess of those I would have received from The Southern Company and Alabama Georgia Power Company (collectively, the “"Company”") if I had not elected to sign this Waiver. I recognize that I may have a claim against the Company under the Civil Rights Act of 1964 and 1991, the Age Discrimination in Employment Act, the Rehabilitation Act of 1973, the Energy Reorganization Act of 1974, as amended, the Americans with Disabilities Act or other federal, state and local laws. In exchange for receiving the severance and welfare benefits under Article II of the Agreement, I hereby voluntarily and irrevocably waive, release, dismiss with prejudice, and withdraw all claims, complaints, suits or demands of any kind whatsoever (whether known or unknown) which I ever had, may have, or now have against The Southern Company, Southern Company Services, Inc., Alabama Power Company, Georgia Power Company, Gulf Power Company, Mississippi Power Company, Savannah Electric and Power Company, Southern Communications Services, Inc. d/b/a Southern LINC, Southern Company Energy Solutions, L.L.C., Southern Nuclear Operating Company, Inc., Southern Telecom, Inc., Southern Company Management Development, Inc., and other current or former subsidiaries or affiliates of The Southern Company and their past, present and future officers, directors, employees, agents, insurers and attorneys (collectively, the “"Releasees”"), arising from or relating to (directly or indirectly) my employment or the termination of my employment or other events occurred as of the date of execution of this Agreement, including but not limited to:
Appears in 1 contract
Change in Control Agreement. Waiver and Release The attached Waiver and Release is to be given to Xx. XxXxxxx upon the occurrence of an event that triggers eligibility for severance benefits under the Change in Control Agreement, as described in Section 2.2 of such Agreement. CHANGE IN CONTROL AGREEMENT Waiver and Release I, Xxxxxxx Xxxxxxx XxXxxxxW. Lawrence Westbrook, understand that I am entitled to receive the severance benefits sxxxxxxxx xxxxxxxx described in Article II Section 2 of the Change in Control Agreement (the “"Agreement”") if I execute this Waiver and Release (“"Waiver”) within thirty (30) days of my Separation Date"). I understand that the benefits I will receive under the Agreement are in excess of those I would have received from The Southern Company and Alabama Power Southern Company Services, Inc. (collectively, the “"Company”") if I had not elected to sign this Waiver. I recognize that I may have a claim against the Company under the Civil Rights Act of 1964 and 1991, the Age Discrimination in Employment Act, the Rehabilitation Act of 1973, the Energy Reorganization Act of 1974, as amended, the Americans with Disabilities Act or other federal, state and local laws. In exchange for receiving the severance and welfare benefits under Article II of the AgreementI elect to receive, I hereby voluntarily irrevocably waive and irrevocably waive, release, dismiss with prejudice, and withdraw release all claims, complaints, suits or demands of any kind whatsoever (whatsoever, whether known or unknown) unknown in connection with any claim which I ever had, may have, or now have against The Southern Company, Southern Company Services, Inc., Alabama Power Company, Georgia Power Company, Gulf Power Company, Mississippi Power Company, Savannah Electric and Power Company, Southern Communications Communication Services, Inc. d/b/a Inc., Southern LINCCompany Services, Inc., Southern Energy Resources, Inc., Southern Company Energy Solutions, L.L.C.Inc., Southern Nuclear Operating Company, Inc., Southern Telecom, Inc., Southern Company Management Development, Inc., Inc. and other current direct or former indirect subsidiaries or affiliates of The Southern Company and their past, present and future officers, directors, employees, agents, insurers agents and attorneys (collectively, attorneys. Nothing in this Waiver shall be construed to release claims or causes of action under the “Releasees”), arising from or relating to (directly or indirectly) my employment Age Discrimination in Employment Act or the termination Energy Reorganization Act of 1974, as amended, which arise out of events occurring after the execution date of this Waiver. In further exchange for the benefits I elect to receive, I understand and agree that I will respect the proprietary and confidential nature of any information I have obtained in the course of my employment service with the Company or other events occurred as any subsidiary or affiliate of The Southern Company. However, nothing in this Waiver shall prohibit me from engaging in protected activities under applicable law or from communicating, either voluntary or otherwise, with any governmental agency concerning any potential violation of the date law. In signing this Waiver, I am not releasing claims to benefits that I am already entitled to under any workers' compensation laws or under any retirement plan or welfare benefit plan within the meaning of execution the Employee Retirement Income Security Act of 1974, as amended, which is sponsored by or adopted by the Company and/or any of its direct or indirect subsidiaries; however, I understand and acknowledge that nothing herein is intended to or shall be construed to require the Company to institute or continue in effect any particular plan or benefit sponsored by the Company and the Company hereby reserves the right to amend or terminate any of its benefit programs at any time in accordance with the procedures set forth in such plans. In signing this Waiver, I realize that I am waiving and releasing, among other things, any claims to benefits under any and all bonus, severance, workforce reduction, early retirement, outplacement, or any other similar type plan sponsored by the Company. I have been encouraged and advised in writing to seek advice from anyone of my choosing regarding this Waiver, including my attorney, and my accountant or tax advisor. Prior to signing this Waiver, I have been given the opportunity and sufficient time to seek such advice, and I fully understand the meaning and contents of this AgreementWaiver. I understand that I may take up to twenty-one (21) calendar days to consider whether or not I desire to enter this Waiver. I was not coerced, including but threatened or otherwise forced to sign this Waiver. I have made my choice to sign this Waiver voluntarily and of my own free will. I understand that I may revoke this Waiver at any time during the seven (7) calendar day period after I sign and deliver this Waiver to the Company. If I revoke this Waiver, I must do so in writing delivered to the Company. I understand that this Waiver is not limited to:effective until the expiration of this seven (7) calendar day revocation period. I understand that upon the expiration of such seven (7) calendar day revocation period this entire Waiver will be binding upon me and will be irrevocable. I understand that by signing this Waiver I am giving up rights I may have.
Appears in 1 contract
Samples: Change in Control Agreement (Savannah Electric & Power Co)
Change in Control Agreement. Waiver and Release The attached Waiver and Release is to be given to Xx. XxXxxxx upon the occurrence of an event that triggers eligibility for severance benefits under the Change in Control Agreement, as described in Section 2.2 of such Agreement. CHANGE IN CONTROL AGREEMENT Waiver and Release I, Xxxxxxx Xxxxxxx XxXxxxxStephen A. Wakefield, understand that I am entitled to receive the severance benefits xxxxxxxxx xxxxxxxx described in Article II Section 2 of the Change in Control Agreement (the “"Agreement”") if I execute this Waiver and Release (“"Waiver”) within thirty (30) days of my Separation Date"). I understand that the benefits I will receive under the Agreement are in excess of those I would have received from The Southern Company and Alabama Power Southern Company Services, Inc. (collectively, the “"Company”") if I had not elected to sign this Waiver. I recognize that I may have a claim against the Company under the Civil Rights Act of 1964 and 1991, the Age Discrimination in Employment Act, the Rehabilitation Act of 1973, the Energy Reorganization Act of 1974, as amended, the Americans with Disabilities Act or other federal, state and local laws. In exchange for receiving the severance and welfare benefits under Article II of the AgreementI elect to receive, I hereby voluntarily irrevocably waive and irrevocably waive, release, dismiss with prejudice, and withdraw release all claims, complaints, suits or demands of any kind whatsoever (whatsoever, whether known or unknown) unknown in connection with any claim which I ever had, may have, or now have against The Southern Company, Southern Company Services, Inc., Alabama Power Company, Georgia Power Company, Gulf Power Company, Mississippi Power Company, Savannah Electric and Power Company, Southern Communications Communication Services, Inc. d/b/a Inc., Southern LINCCompany Services, Inc., Southern Energy Resources, Inc., Southern Company Energy Solutions, L.L.C.Inc., Southern Nuclear Operating Company, Inc., Southern Telecom, Inc., Southern Company Management Development, Inc., Inc. and other current direct or former indirect subsidiaries or affiliates of The Southern Company and their past, present and future officers, directors, employees, agents, insurers agents and attorneys (collectively, attorneys. Nothing in this Waiver shall be construed to release claims or causes of action under the “Releasees”), arising from or relating to (directly or indirectly) my employment Age Discrimination in Employment Act or the termination Energy Reorganization Act of 1974, as amended, which arise out of events occurring after the execution date of this Waiver. In further exchange for the benefits I elect to receive, I understand and agree that I will respect the proprietary and confidential nature of any information I have obtained in the course of my employment service with the Company or other events occurred as any subsidiary or affiliate of The Southern Company. However, nothing in this Waiver shall prohibit me from engaging in protected activities under applicable law or from communicating, either voluntary or otherwise, with any governmental agency concerning any potential violation of the date law. In signing this Waiver, I am not releasing claims to benefits that I am already entitled to under any workers' compensation laws or under any retirement plan or welfare benefit plan within the meaning of execution the Employee Retirement Income Security Act of 1974, as amended, which is sponsored by or adopted by the Company and/or any of its direct or indirect subsidiaries; however, I understand and acknowledge that nothing herein is intended to or shall be construed to require the Company to institute or continue in effect any particular plan or benefit sponsored by the Company and the Company hereby reserves the right to amend or terminate any of its benefit programs at any time in accordance with the procedures set forth in such plans. In signing this Waiver, I realize that I am waiving and releasing, among other things, any claims to benefits under any and all bonus, severance, workforce reduction, early retirement, outplacement, or any other similar type plan sponsored by the Company. I have been encouraged and advised in writing to seek advice from anyone of my choosing regarding this Waiver, including my attorney, and my accountant or tax advisor. Prior to signing this Waiver, I have been given the opportunity and sufficient time to seek such advice, and I fully understand the meaning and contents of this AgreementWaiver. I understand that I may take up to twenty-one (21) calendar days to consider whether or not I desire to enter this Waiver. I was not coerced, including but threatened or otherwise forced to sign this Waiver. I have made my choice to sign this Waiver voluntarily and of my own free will. I understand that I may revoke this Waiver at any time during the seven (7) calendar day period after I sign and deliver this Waiver to the Company. If I revoke this Waiver, I must do so in writing delivered to the Company. I understand that this Waiver is not limited to:effective until the expiration of this seven (7) calendar day revocation period. I understand that upon the expiration of such seven (7) calendar day revocation period this entire Waiver will be binding upon me and will be irrevocable. I understand that by signing this Waiver I am giving up rights I may have.
Appears in 1 contract
Samples: Change in Control Agreement (Savannah Electric & Power Co)
Change in Control Agreement. Waiver and Release The attached Waiver and Release is to be given to Xx. XxXxxxx upon the occurrence of an event that triggers eligibility for severance benefits under the Change in Control Agreement, as described in Section 2.2 of such Agreement. CHANGE IN CONTROL AGREEMENT Waiver and Release I, Xxxxxxx Xxxxxxx XxXxxxxX. Xxxxxxxxx, understand that I am entitled to receive the severance benefits described in Article II Section 2 of the Change in Control Agreement (the “"Agreement”") if I execute this Waiver and Release (“"Waiver”) within thirty (30) days of my Separation Date"). I understand that the benefits I will receive under the Agreement are in excess of those I would have received from The Southern Company and Alabama Power Southern Company Services, Inc. (collectively, the “"Company”") if I had not elected to sign this Waiver. I recognize that I may have a claim against the Company under the Civil Rights Act of 1964 and 1991, the Age Discrimination in Employment Act, the Rehabilitation Act of 1973, the Energy Reorganization Act of 1974, as amended, the Americans with Disabilities Act or other federal, state and local laws. In exchange for receiving the severance and welfare benefits under Article II of the AgreementI elect to receive, I hereby voluntarily irrevocably waive and irrevocably waive, release, dismiss with prejudice, and withdraw release all claims, complaints, suits or demands of any kind whatsoever (whatsoever, whether known or unknown) unknown in connection with any claim which I ever had, may have, or now have against The Southern Company, Southern Company Services, Inc., Alabama Power Company, Georgia Power Company, Gulf Power Company, Mississippi Power Company, Savannah Electric and Power Company, Southern Communications Communication Services, Inc. d/b/a Inc., Southern LINCCompany Services, Inc., Southern Energy Resources, Inc., Southern Company Energy Solutions, L.L.C.Inc., Southern Nuclear Operating Company, Inc., Southern TelecomEnergy, Inc., Southern Company Management Development, Inc., Inc. and other current direct or former indirect subsidiaries or affiliates of The Southern Company and their past, present and future officers, directors, employees, agents, insurers agents and attorneys (collectively, attorneys. Nothing in this Waiver shall be construed to release claims or causes of action under the “Releasees”), arising from or relating to (directly or indirectly) my employment Age Discrimination in Employment Act or the termination Energy Reorganization Act of 1974, as amended, which arise out of events occurring after the execution date of this Waiver. In further exchange for the benefits I elect to receive, I understand and agree that I will respect the proprietary and confidential nature of any information I have obtained in the course of my employment service with the Company or other events occurred as any subsidiary or affiliate of The Southern Company. However, nothing in this Waiver shall prohibit me from engaging in protected activities under applicable law or from communicating, either voluntary or otherwise, with any governmental agency concerning any potential violation of the date law. In signing this Waiver, I am not releasing claims to benefits that I am already entitled to under any workers' compensation laws or under any retirement plan or welfare benefit plan within the meaning of execution the Employee Retirement Income Security Act of 1974, as amended, which is sponsored by or adopted by the Company and/or any of its direct or indirect subsidiaries; however, I understand and acknowledge that nothing herein is intended to or shall be construed to require the Company to institute or continue in effect any particular plan or benefit sponsored by the Company and the Company hereby reserves the right to amend or terminate any of its benefit programs at any time in accordance with the procedures set forth in such plans. In signing this Waiver, I realize that I am waiving and releasing, among other things, any claims to benefits under any and all bonus, severance, workforce reduction, early retirement, outplacement, or any other similar type plan sponsored by the Company. I have been encouraged and advised in writing to seek advice from anyone of my choosing regarding this Waiver, including my attorney, and my accountant or tax advisor. Prior to signing this Waiver, I have been given the opportunity and sufficient time to seek such advice, and I fully understand the meaning and contents of this AgreementWaiver. I understand that I may take up to twenty-one (21) calendar days to consider whether or not I desire to enter this Waiver. I was not coerced, including but threatened or otherwise forced to sign this Waiver. I have made my choice to sign this Waiver voluntarily and of my own free will. I understand that I may revoke this Waiver at any time during the seven (7) calendar day period after I sign and deliver this Waiver to the Company. If I revoke this Waiver, I must do so in writing delivered to the Company. I understand that this Waiver is not limited to:effective until the expiration of this seven (7) calendar day revocation period. I understand that upon the expiration of such seven (7) calendar day revocation period this entire Waiver will be binding upon me and will be irrevocable. I understand that by signing this Waiver I am giving up rights I may have.
Appears in 1 contract
Samples: Change in Control Agreement (Savannah Electric & Power Co)
Change in Control Agreement. Waiver and Release The attached Waiver and Release is to be given to Xx. XxXxxxx upon the occurrence of an event that triggers eligibility for severance benefits under the Change in Control Agreement, as described in Section 2.2 of such Agreement. CHANGE IN CONTROL AGREEMENT Waiver and Release I, Xxxxxxx Xxxxxxx XxXxxxxW. Xxxxxxxx Xxxxxxxxx, understand that I am entitled to receive the severance benefits described in Article II Section 2 of the Change in Control Agreement (the “"Agreement”") if I execute this Waiver and Release (“"Waiver”) within thirty (30) days of my Separation Date"). I understand that the benefits I will receive under the Agreement are in excess of those I would have received from The Southern Company and Alabama Power Southern Company Services, Inc. (collectively, the “"Company”") if I had not elected to sign this Waiver. I recognize that I may have a claim against the Company under the Civil Rights Act of 1964 and 1991, the Age Discrimination in Employment Act, the Rehabilitation Act of 1973, the Energy Reorganization Act of 1974, as amended, the Americans with Disabilities Act or other federal, state and local laws. In exchange for receiving the severance and welfare benefits under Article II of the AgreementI elect to receive, I hereby voluntarily irrevocably waive and irrevocably waive, release, dismiss with prejudice, and withdraw release all claims, complaints, suits or demands of any kind whatsoever (whatsoever, whether known or unknown) unknown in connection with any claim which I ever had, may have, or now have against The Southern Company, Southern Company Services, Inc., Alabama Power Company, Georgia Power Company, Gulf Power Company, Mississippi Power Company, Savannah Electric and Power Company, Southern Communications Communication Services, Inc. d/b/a Inc., Southern LINCCompany Services, Inc., Southern Energy Resources, Inc., Southern Company Energy Solutions, L.L.C.Inc., Southern Nuclear Operating Company, Inc., Southern TelecomEnergy, Inc., Southern Company Management Development, Inc., Inc. and other current direct or former indirect subsidiaries or affiliates of The Southern Company and their past, present and future officers, directors, employees, agents, insurers agents and attorneys (collectively, attorneys. Nothing in this Waiver shall be construed to release claims or causes of action under the “Releasees”), arising from or relating to (directly or indirectly) my employment Age Discrimination in Employment Act or the termination Energy Reorganization Act of 1974, as amended, which arise out of events occurring after the execution date of this Waiver. In further exchange for the benefits I elect to receive, I understand and agree that I will respect the proprietary and confidential nature of any information I have obtained in the course of my employment service with the Company or other events occurred as any subsidiary or affiliate of The Southern Company. However, nothing in this Waiver shall prohibit me from engaging in protected activities under applicable law or from communicating, either voluntary or otherwise, with any governmental agency concerning any potential violation of the date law. In signing this Waiver, I am not releasing claims to benefits that I am already entitled to under any workers' compensation laws or under any retirement plan or welfare benefit plan within the meaning of execution the Employee Retirement Income Security Act of 1974, as amended, which is sponsored by or adopted by the Company and/or any of its direct or indirect subsidiaries; however, I understand and acknowledge that nothing herein is intended to or shall be construed to require the Company to institute or continue in effect any particular plan or benefit sponsored by the Company and the Company hereby reserves the right to amend or terminate any of its benefit programs at any time in accordance with the procedures set forth in such plans. In signing this Waiver, I realize that I am waiving and releasing, among other things, any claims to benefits under any and all bonus, severance, workforce reduction, early retirement, outplacement, or any other similar type plan sponsored by the Company. I have been encouraged and advised in writing to seek advice from anyone of my choosing regarding this Waiver, including my attorney, and my accountant or tax advisor. Prior to signing this Waiver, I have been given the opportunity and sufficient time to seek such advice, and I fully understand the meaning and contents of this AgreementWaiver. I understand that I may take up to twenty-one (21) calendar days to consider whether or not I desire to enter this Waiver. I was not coerced, including but threatened or otherwise forced to sign this Waiver. I have made my choice to sign this Waiver voluntarily and of my own free will. I understand that I may revoke this Waiver at any time during the seven (7) calendar day period after I sign and deliver this Waiver to the Company. If I revoke this Waiver, I must do so in writing delivered to the Company. I understand that this Waiver is not limited to:effective until the expiration of this seven (7) calendar day revocation period. I understand that upon the expiration of such seven (7) calendar day revocation period this entire Waiver will be binding upon me and will be irrevocable. I understand that by signing this Waiver I am giving up rights I may have.
Appears in 1 contract
Samples: Change in Control Agreement (Savannah Electric & Power Co)
