OBLIGATIONS OF EMPLOYER AND/OR PFI UNDER THIS AGREEMENT
OR THE OPTIONS, (B) ANY OBLIGATIONS OF EMPLOYER AND/OR PFI UNDER BENEFIT PLANS
AND (C) ANY CLAIMS THAT EMPLOYEE MAY MAKE FOR UNEMPLOYMENT COMPENSATION
BENEFITS.
5.
EMPLOYER AND PFI RELEASE.
IN CONSIDERATION OF THE EMPLOYEE'S
RELEASE SET FORTH IN PARAGRAPH 4, EFFECTIVE AT THE EFFECTIVE TIME, EMPLOYER AND
PFI, FOR ITSELF AND ITS EMPLOYER RELEASED PARTIES, EACH HEREBY UNCONDITIONALLY
RELEASES AND COMPLETELY AND FOREVER DISCHARGES EMPLOYEE, ON BEHALF OF AND FOR
THE BENEFIT OF EMPLOYEE, HIS ESTATE, EXECUTORS, ADMINISTRATORS, BENEFICIARIES,
HEIRS, SUCCESSORS AND ASSIGNS ("EMPLOYEE RELEASED PARTIES"), FROM ANY AND ALL
RIGHTS AND CLAIMS THAT ANY OF THEM MAY HAVE BASED ON OR RELATING TO THE
EMPLOYMENT AGREEMENT, EMPLOYEE'S EMPLOYMENT WITH THE EMPLOYER OR THE TERMINATION
OF THAT EMPLOYMENT FOR ANY AND ALL REASONS.
THIS RELEASE COVERS CLAIMS THAT ANY
OF THE EMPLOYER RELEASED PARTIES KNOW ABOUT AND THOSE THAT
THEY MAY NOT KNOW
ABOUT UP THROUGH THE DATE OF THIS AGREEMENT.
THIS RELEASE SPECIFICALLY INCLUDES
ANY AND ALL CLAIMS FOR ATTORNEY'S FEES AND COSTS WHICH ARE INCURRED BY ANY OF
THE EMPLOYER RELEASED PARTIES FOR ANY REASON ARISING OUT OF OR RELATING TO ANY
OR ALL MATTERS COVERED BY THIS AGREEMENT. THIS RELEASE DOES NOT COVER ANY
OBLIGATIONS OF EMPLOYEE UNDER THIS AGREEMENT.
6.
CERTAIN REPRESENTATIONS.
EACH OF THE PARTIES REPRESENTS AND
WARRANTS TO THE OTHER THAT AS OF THE DATE OF THIS AGREEMENT, SUCH PARTY HAS NOT
FILED ANY CHARGE, CLAIM, COMPLAINT, DEMAND FOR ARBITRATION OR LAWSUIT AGAINST
ANY OF THE OTHER PARTIES NOR HAS SUCH PARTY ALLOWED ANY
4
OTHER PERSON OR ENTITY ACTING ON SUCH PARTY'S BEHALF TO DO SO BASED ON ANY OF
THE CLAIMS RELEASED HEREIN.
7.
ATTORNEY'S FEES.
THE PARTIES RECOGNIZE THAT NOTHING HEREIN IS
MEANT TO PRECLUDE ANY PARTY FROM RECOVERING ATTORNEY'S FEES OR COSTS
SPECIFICALLY AUTHORIZED UNDER FEDERAL OR STATE LAW IN ANY SUBSEQUENT LITIGATION
BETWEEN THE PARTIES.
8.
ADDITIONAL OBLIGATIONS OF EMPLOYEE.
IN CONJUNCTION WITH THE
EXECUTION OF THIS AGREEMENT AND FOR THE CONSIDERATION RECEIVED HEREIN, EMPLOYEE
FURTHER AGREES AS FOLLOWS:
A.
SUBJECT TO HIS AVAILABILITY AND
SCHEDULE, DURING NORMAL BUSINESS HOURS, TO COOPERATE FULLY WITH ANY REASONABLE
REQUEST OF EMPLOYER OR PFI TO PROVIDE TRUTHFUL INFORMATION AND/OR MATERIALS TO
THEM OR TO OTHERWISE ASSIST ANY OF THEM IN MATTERS RELATING TO THE PERFORMANCE
OF HIS FORMER DUTIES AND THE DEFENSE OF ANY LITIGATION OR DISPUTES ARISING OR
BASED UPON ACTIONS OCCURRING DURING THE COURSE OF HIS EMPLOYMENT.
EMPLOYEE
SHALL PROVIDE 80 HOURS OF SUCH SERVICE WITHOUT ADDITIONAL COMPENSATION AND SHALL
BE COMPENSATED AT THE RATE OF $80.00 PER HOUR FOR EVERY HOUR IN EXCESS OF 80
HOURS AND WILL BE PAID ANY REASONABLE, DOCUMENTED EXPENSES WHICH HE INCURS IN
PERFORMING SUCH DUTIES; AND
B.
TO MAINTAIN THE CONFIDENTIALITY OF ALL
PROPRIETARY INFORMATION OF EMPLOYER IN ACCORDANCE WITH THE TERMS OF
SECTION 4.1
AND SECTION 4.2 OF THE EMPLOYMENT AGREEMENT.
9.
ADDITIONAL OBLIGATIONS OF EMPLOYER AND PFI.
IN CONJUNCTION
WITH THE EXECUTION OF THIS AGREEMENT AND FOR THE CONSIDERATION RECEIVED HEREIN,