assigned to such terms under the Separation Agreement and General
Release of Claims between Mr. Murphy and Alliant Techsystems Inc., a Delaware
corporation ("ATK"), dated December
, 2009 (the "Separation Agreement").
1.
General Release of Claims.
(A)
GENERAL RELEASE.
EXCEPT AS STATED IN
PARAGRAPH 1(B) BELOW, MR. MURPHY HEREBY RELEASES AND FOREVER DISCHARGES EACH
MEMBER OF THE COMPANY GROUP FROM ALL CLAIMS AND CAUSES OF ACTION, WHETHER OR NOT
MR. MURPHY CURRENTLY HAS KNOWLEDGE OF SUCH CLAIMS AND CAUSES OF ACTION, OF ANY
KIND WHATSOEVER, WHICH MR. MURPHY, HIS HEIRS, EXECUTORS, ADMINISTRATORS,
SUCCESSORS AND ASSIGNS EVER HAD, NOW HAVE OR MAY HAVE AGAINST ANY MEMBER OF THE
COMPANY GROUP, IN LAW, ADMIRALTY OR EQUITY, WHETHER KNOWN OR UNKNOWN TO MR.
MURPHY, FOR, UPON, OR BY REASON OF, ANY MATTER, ACTION, OMISSION, COURSE OR
THING WHATSOEVER OCCURRING UP TO THE DATE THIS AGREEMENT IS SIGNED BY MR.
MURPHY, INCLUDING WITHOUT LIMITATION, ANY SUCH CLAIMS OR CAUSES OF ACTION
ARISING, OR WHICH MAY HAVE ARISEN, OUT OF OR IN CONNECTION WITH THE EMPLOYMENT
AGREEMENT OR MR. MURPHY'S EMPLOYMENT OR TERMINATION OF EMPLOYMENT WITH ATK.
THIS INCLUDES, BUT IS NOT LIMITED TO, CLAIMS, DEMANDS OR ACTIONS ARISING UNDER
ANY FEDERAL OR STATE LAW SUCH AS THE AGE DISCRIMINATION IN EMPLOYMENT ACT
("ADEA"), THE OLDER WORKERS BENEFIT PROTECTION ACT ("OWBPA"), TITLE VII OF THE
CIVIL RIGHTS ACT OF 1964 ("TITLE VII"), THE AMERICANS WITH DISABILITIES ACT
("ADA"), THE FAMILY MEDICAL LEAVE ACT ("FMLA"), THE EMPLOYEE RETIREMENT INCOME
SECURITY ACT OF 1974 ("ERISA"), THE WORKER ADJUSTMENT RETRAINING AND
NOTIFICATION ACT ("WARN"), THE FAIR LABOR STANDARDS ACT ("FLSA"), THE NATIONAL
LABOR RELATIONS ACT ("NLRA"), THE OCCUPATIONAL SAFETY AND HEALTH ACT ("OSHA"),
THE REHABILITATION ACT, THE MINNESOTA HUMAN RIGHTS ACT, AND MINN. STAT. CHAP.
181, ALL AS AMENDED.
THIS GENERAL RELEASE INCLUDES ANY STATE HUMAN RIGHTS OR FAIR EMPLOYMENT
PRACTICES ACT, OR ANY OTHER FEDERAL, STATE OR LOCAL STATUTE, ORDINANCE,
REGULATION OR ORDER REGARDING CONDITIONS OF EMPLOYMENT, COMPENSATION FOR
EMPLOYMENT, TERMINATION OF EMPLOYMENT, OR DISCRIMINATION OR HARASSMENT IN
EMPLOYMENT ON THE BASIS OF AGE, GENDER, RACE, RELIGION, DISABILITY, NATIONAL
ORIGIN, SEXUAL ORIENTATION, OR ANY OTHER PROTECTED CHARACTERISTIC, AND THE
COMMON LAW OF ANY STATE.
MR. MURPHY FURTHER UNDERSTANDS THAT THIS GENERAL RELEASE EXTENDS TO ALL CLAIMS
WHICH HE MAY HAVE AS OF THIS DATE AGAINST THE COMPANY GROUP BASED UPON STATUTORY
OR COMMON LAW CLAIMS FOR BREACH OF CONTRACT, BREACH OF EMPLOYEE HANDBOOKS OR
OTHER POLICIES, BREACH OF PROMISES, FRAUD, WRONGFUL DISCHARGE, DEFAMATION,
EMOTIONAL DISTRESS, WHISTLEBLOWER CLAIMS, NEGLIGENCE, ASSAULT, BATTERY, OR ANY
OTHER THEORY, WHETHER LEGAL OR EQUITABLE.
10
Mr. Murphy agrees that this General Release includes all damages available under
any theory of recovery, including, without limitation, any compensatory damages
(including all forms of back-pay or front-pay), attorneys' fees, liquidated
damages, punitive damages, treble damages, emotional distress damages, pain and
suffering damages, consequential damages, incidental damages, statutory fines or
penalties, and/or costs or disbursements.
Except as stated in Paragraph 1(b),
Mr. Murphy is completely and fully waiving any rights under the above stated
statutes, regulations,