complete, and the terms,
provisions and obligations set forth shall be in full force and effect.
[remainder of this page intentionally left blank]
ORTEGA FURTHER STATES THAT HE HAS CAREFULLY READ THIS SEPARATION AGREEMENT, IT
HAS BEEN FULLY EXPLAINED TO HIM, THAT HE HAS HAD THE OPPORTUNITY TO HAVE IT
REVIEWED BY AN ATTORNEY, AND THAT HE FULLY UNDERSTANDS ITS FINAL AND BINDING
EFFECT, AND THAT THE ONLY PROMISES MADE TO HIM TO SIGN THE SEPARATION AGREEMENT
ARE THOSE STATED IN THE SEPARATION AGREEMENT, AND THAT ORTEGA IS SIGNING THIS
SEPARATION AGREEMENT VOLUNTARILY WITH THE FULL INTENT OF RELEASING EMPLOYER OF
ALL CLAIMS.
IN WITNESS WHEREOF, the parties hereto have executed this Separation Agreement.
BENIHANA, INC.
By:
/s/ Jose I. Ortega
By:
/s/ Richard Stockinger
Jose I. Ortega
Richard Stockinger, its
Chief Executive Officer
Date:
1/14/10
1/14/10
STATE OF FLORIDA
)
:ss.
COUNTY OF
)
On the 14 day of January, in the year 2010, before me, the undersigned,
personally appeared JOSE I. ORTEGA, personally known to me or proved to me on
the basis of satisfactory evidence to be the individual whose name is subscribed
to the within instrument and acknowledged to me that he/she executed the same in
his/her capacity, and that by his/her signature on the instrument, the
individual, or the person upon behalf of which the individual acted, executed
the instrument.
/s/ Mary Patricia Rodriguez
Notary Public