Liability Settlement
FURTHER INFORMATION ON AGENDA ITEMS 10 AND 11 I. Settlement agreement between Volkswagen Aktiengesellschaft, AUDI AG and Profes- sor Martin Winterkorn of 9 June 2021 Liability Settlement between (1) VOLKSWAGEN AKTIENGESELLSCHAFT, Berliner Ring 2, 38440 Wolfsburg (“VOLKSWAGEN” or “VOLKSWAGEN AG”), represented by the Supervisory Board, (2) AUDI Aktiengesellschaft, Auto-Union-Strasse 1, 85045 Ingolstadt (“AUDI” or “AUDI AG”), represented by its Board of Management and Supervisory Board, – VOLKSWAGEN and AUDI also referred to hereinafter as “Companies” – (3) Prof. Dr. Martin Winterkorn, represented by Dr. Kersten von Schenck, M.C.J. (NYU), law- yer and notary, Arndtstrasse 28, 60325 Frankfurt am Main and by CYRUS Rechtsanwälte PartG mbB, Mainzer Landstrasse 50, 60325 Frankfurt am Main, each being authorised to represent him on their own. (VOLKSWAGEN, AUDI and Professor Winterkorn also referred to hereinafter individu- ally as “Party” and collectively as “Parties”). Preamble (A) From 1996 to 2005, Prof. Dr. Winterkorn was a member of the Board of Management for the Volkswagen Passenger Cars brand, where he was responsible for the Technical Development Division. Between 2000 and 2002, he was responsible for the Research and Development Division on VOLKSWAGEN’s Group Board of Management. He was Chairman of the Board of Management of AUDI from 2002 to the end of 2006, before becoming Chairman of the Board of Management of VOLKSWAGEN on 1 January 2007, taking over responsibility for, among other things, the Research and Develop- ment, Sales, Quality Management and Legal Divisions as well as the position of Chair- man of the Board of Management for the Volkswagen Passenger Cars brand.
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