matters.
b. The foregoing release specifically excludes (i) Affinion's or Holdings' right
to enforce the terms of the Separation Agreement or (ii) any liability or injury
to Affinion, Holdings or any of their Representatives which arises out of,
relates to or is based upon any criminal or fraudulent act committed by
Executive.
Separation Agreement
July 5, 2006
Page 15 of 17
3. THE PARTIES HAVE READ AND FULLY CONSIDERED THIS AGREEMENT AND GENERAL RELEASE
AND ARE MUTUALLY DESIROUS OF ENTERING INTO SUCH AGREEMENT AND GENERAL RELEASE.
THE PARTIES UNDERSTAND THAT THIS DOCUMENT SETTLES, BARS AND WAIVES ANY AND ALL
CLAIMS EXECUTIVE HAD OR MIGHT HAVE AGAINST THE COMPANY OR ITS REPRESENTATIVES;
AND THE PARTIES ACKNOWLEDGE THAT THEY ARE NOT RELYING ON ANY OTHER
REPRESENTATIONS, WRITTEN OR ORAL, NOT SET FORTH IN THIS DOCUMENT. HAVING ELECTED
TO EXECUTE THIS AGREEMENT AND GENERAL RELEASE, TO FULFILL THE PROMISES SET FORTH
HEREIN, AND TO RECEIVE THEREBY THE SUMS AND BENEFITS SET FORTH IN THE SEPARATION
AGREEMENT, THE PARTIES FREELY AND KNOWINGLY, AND AFTER DUE CONSIDERATION, ENTER
INTO THIS AGREEMENT AND GENERAL RELEASE.
4. NOTHING HEREIN SHALL IN ANY WAY LIMIT THE RELEASE PROVIDED BY ANY PARTY
HERETO IN SECTION 5 OR SECTION 6 OF THE SEPARATION AGREEMENT.
Separation Agreement
July 5, 2006
Page 16 of 17
THEREFORE, the parties to this release now voluntarily and knowingly execute
this Agreement.
Maureen E. O'Connell Signed and sworn before me this
day of
2006.
Notary Public
AFFINION GROUP, INC.
By:
Name:
Title:
Signed and sworn before me this
day of
2006.
Notary Public
AFFINION GROUP HOLDINGS, INC.
By:
Name:
Title:
Signed and sworn before me this
day of
2006.
Notary Public
Separation Agreement
July 5, 2006
Page 17 of 17
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