EXHIBIT A
Severance Agreement and Release
I. Release of Claims. In exchange for receipt of the severance benefits (the Severance Benefits) described in
<insert name>s (Executive) Employment Agreement dated [ ], 2022 (the Employment Agreement), Executive hereby releases and discharges and covenants not to sue Nikola Corporation (the Company), its
subsidiaries, parents, or affiliated corporations, past and present, and each of them, as well as each of its and their assignees, successors, directors, officers, stockholders, partners, representatives, insurers, attorneys, agents or employees,
past or present, or any of them (individually and collectively, Releasees), from and with respect to any and all claims, agreements, obligations, demands and causes of action, known or unknown, suspected or unsuspected, arising out of or
in any way connected with events, acts, conduct, or omissions occurring at any time prior to and including the date Executive signs this release, including without limiting the generality of the foregoing, any claim for severance pay, profit
sharing, bonus or similar benefit, equity-based awards and/or dividend equivalents thereon, pension, retirement, life insurance, health or medical insurance or any other fringe benefit, or disability, or any other claims, agreements, obligations,
demands and causes of action, known or unknown, suspected or unsuspected resulting from any act or omission by or on the part of Releasees committed or omitted prior to the date of this release, including, without limiting the generality of the
foregoing, any claim under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, or any other federal, state or local law, regulation, constitution, ordinance or common law (collectively, the Claims).
Notwithstanding the above, however, Executive is not releasing (1) any claims that cannot be waived under applicable state or federal law, (2) rights Executive may have to indemnification (including, without limitation, under the
Executives indemnification agreement with the Company, the Companys by-laws, the Companys D&O insurance and otherwise), (3) vested rights or benefits under Executives 401k or other
plans, or (4) Executives workers compensation rights and, provided further, that nothing in this Agreement shall prevent Executive from filing, cooperating with, or participating in any proceeding before the Equal Employment
Opportunity Commission or Department of Labor. In addition, nothing in this release shall prevent Executive from challenging its validity in a legal or administrative proceeding.
II. ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this release, Executive is waiving any and all
rights or claims that Executive may have arising under the Age Discrimination in Employment Act of 1967, as amended (ADEA), which have arisen on or before the date of execution of this release. Executive further expressly acknowledges
and agrees that:
A. In return for this release, the Executive will receive consideration beyond that which Executive was already entitled
to receive before entering into this Release;
B. Executive is hereby advised in writing by this release to consult with an attorney
before signing this release;
C. Executive was given a copy of this release on [____________] and informed that Executive had twenty-one (21) days within which to consider the release and that if Executive executes this release prior to the expiration of such 21-day period, Executive
acknowledges that Executive will have done so voluntarily and knowing that Executive is waiving Executives right to have 21 days to consider this release;
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www.nikolamotor.com | 4141 E Broadway Rd | Phoenix | AZ | 85040 |