ON OR BEFORE
THE DATE OF THIS AGREEMENT, WHICH MAY LEGALLY BE RELEASED.
6.
THE PARTIES UNDERSTAND THE WORD "CLAIM"
OR "CLAIMS" TO INCLUDE WITHOUT LIMITATION ALL ACTIONS, CLAIMS AND GRIEVANCES,
WHETHER ACTUAL OR POTENTIAL, KNOWN OR UNKNOWN, RELATED, INCIDENTAL TO OR ARISING
OUT OF EMPLOYEE'S EMPLOYMENT WITH THE COMPANY AND THE TERMINATION THEREOF.
ALL
SUCH CLAIMS, INCLUDING RELATED ATTORNEYS' FEES AND COSTS, ARE FOREVER BARRED BY
THIS AGREEMENT AND WITHOUT REGARD TO WHETHER THOSE CLAIMS ARE BASED ON ANY
ALLEGED BREACH OF A DUTY ARISING IN CONTRACT OR TORT; ANY ALLEGED UNLAWFUL ACT,
ANY OTHER CLAIM OR CAUSE OF ACTION; AND REGARDLESS OF THE FORUM IN WHICH IT
MIGHT BE BROUGHT.
7.
THE PARTIES HEREBY AGREE THAT BY
SIGNING THIS AGREEMENT AND BY ACCEPTANCE OF THE PAYMENT DESCRIBED ABOVE, CLARK
GIVES UP ANY AND ALL RIGHTS SHE MAY HAVE TO FILE ANY CLAIM OR ACTION WHICH SHE
MAY NOW HAVE, HAS EVER HAD, OR MAY IN THE FUTURE HAVE, WITH RESPECT TO ANY
MATTER PERTAINING TO OR ARISING FROM HER EMPLOYMENT WITH THE COMPANY.
IN THIS
REGARD, CLARK AGREES THAT THIS AGREEMENT COVERS BOTH KNOWN AND UNKNOWN CLAIMS OR
ACTIONS, AND AS SUCH EMPLOYEE EXPRESSLY WAIVES ANY RIGHTS OR PROTECTION SHE MAY
HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
3
RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR.
8.
CLARK UNDERSTANDS AND AGREES THAT SHE:
A.
HAS HAD THE OPPORTUNITY OF A FULL TWENTY-ONE (21) DAYS WITHIN
WHICH TO CONSIDER THIS AGREEMENT BEFORE SIGNING IT, AND THAT IF SHE HAS NOT
AVAILED HERSELF OF THAT FULL TIME PERIOD THAT SHE FAILED TO DO SO KNOWINGLY AND
VOLUNTARILY.
CLARK, HOWEVER, MAY NOT SIGN THIS AGREEMENT ON OR BEFORE
DECEMBER 31, 2008.
B.
HAS CAREFULLY READ AND FULLY UNDERSTANDS ALL OF THE PROVISIONS OF
THIS AGREEMENT.
C.
IS, THROUGH THIS AGREEMENT, RELEASING THE COMPANY AND ITS
OFFICERS, AGENTS, DIRECTORS, SUPERVISORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS
AND ASSIGNS AND ALL PERSONS ACTING BY, THROUGH, UNDER, OR IN CONCERT WITH ANY OF
THEM, FROM ANY AND ALL CLAIMS SHE MAY HAVE AGAINST THE COMPANY OR SUCH
INDIVIDUALS.
D.
KNOWINGLY AND VOLUNTARILY AGREES TO ALL OF THE TERMS SET FORTH IN
THIS AGREEMENT.
E.
KNOWINGLY AND VOLUNTARILY INTENDS TO BE LEGALLY BOUND BY THE
SAME.
F.
WAS ADVISED AND HEREBY IS ADVISED IN WRITING TO CONSIDER THE
TERMS OF THIS AGREEMENT AND CONSULT WITH AN ATTORNEY OF EMPLOYEE'S CHOICE PRIOR
TO SIGNING THIS AGREEMENT.
G.
HAS A FULL SEVEN (7) DAYS FOLLOWING THE EXECUTION OF THIS
AGREEMENT TO REVOKE THIS AGREEMENT, AND HAS BEEN AND HEREBY IS ADVISED IN
WRITING THAT THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE
REVOCATION PERIOD HAS EXPIRED.
IF CLARK DESIRES TO REVOKE THIS AGREEMENT, SHE
MUST PROVIDE WRITTEN NOTICE TO ROGER E. GEORGE BY 5:00