OR UNDER THE
COMPANY'S NAME OR (B) SEND ANY COMMUNICATIONS FROM THE EMAIL ADDRESS WHICH DO
NOT PERTAIN TO THE SERVICES OR DELIVERABLES.
11.
RELEASE: IN EXCHANGE FOR THE COMPANY'S PROMISES SET FORTH HEREIN,
AND OTHER GOOD AND VALUABLE CONSIDERATION, THE SUFFICIENCY OF WHICH IS HEREBY
ACKNOWLEDGED, YOU AND YOUR REPRESENTATIVES, AGENTS, ESTATE, HEIRS, SUCCESSORS
AND ASSIGNS, ABSOLUTELY AND UNCONDITIONALLY HEREBY RELEASE, REMISE, DISCHARGE,
INDEMNIFY AND HOLD HARMLESS THE COMPANY RELEASEES (DEFINED TO INCLUDE THE
COMPANY AND/OR ANY OF ITS PARENTS, SUBSIDIARIES OR AFFILIATES, PREDECESSORS,
SUCCESSORS OR ASSIGNS, AND ITS AND THEIR RESPECTIVE CURRENT AND/OR FORMER
PARTNERS, DIRECTORS, SHAREHOLDERS/STOCKHOLDERS, OFFICERS, EMPLOYEES, ATTORNEYS
AND/OR AGENTS, ALL BOTH INDIVIDUALLY AND IN THEIR OFFICIAL CAPACITIES), FROM ANY
AND ALL ACTIONS OR CAUSES OF ACTION, SUITS, CLAIMS, COMPLAINTS, CONTRACTS,
LIABILITIES, AGREEMENTS, PROMISES, TORTS, DEBTS, DAMAGES, CONTROVERSIES,
JUDGMENTS, RIGHTS AND DEMANDS, WHETHER EXISTING OR CONTINGENT, KNOWN OR UNKNOWN,
SUSPECTED OR UNSUSPECTED, WHICH ARISE OUT OF YOUR EMPLOYMENT WITH, CHANGE IN
EMPLOYMENT STATUS WITH, AND/OR SEPARATION OF EMPLOYMENT FROM, THE COMPANY.
THIS
RELEASE IS INTENDED BY YOU TO BE ALL ENCOMPASSING AND TO ACT AS A FULL AND TOTAL
RELEASE OF ANY CLAIMS, WHETHER SPECIFICALLY ENUMERATED HEREIN OR NOT, THAT YOU
MAY HAVE OR HAVE HAD AGAINST THE COMPANY RELEASEES ARISING
4
FROM CONDUCT OCCURRING UP TO AND THROUGH THE DATE OF THIS AGREEMENT, INCLUDING,
BUT NOT LIMITED TO, ANY CLAIMS ARISING FROM ANY FEDERAL, STATE OR LOCAL LAW,
REGULATION OR CONSTITUTION DEALING WITH EITHER EMPLOYMENT, EMPLOYMENT BENEFITS
OR EMPLOYMENT DISCRIMINATION SUCH AS THOSE LAWS OR REGULATIONS CONCERNING
DISCRIMINATION ON THE BASIS OF RACE, COLOR, CREED, RELIGION, AGE, SEX, SEX
HARASSMENT, SEXUAL ORIENTATION, NATIONAL ORIGIN, ANCESTRY, GENETIC CARRIER
STATUS, HANDICAP OR DISABILITY, VETERAN STATUS, ANY MILITARY SERVICE OR
APPLICATION FOR MILITARY SERVICE, OR ANY OTHER CATEGORY PROTECTED UNDER FEDERAL
OR STATE LAW; ANY CONTRACT, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, ANY LETTER OFFERING EMPLOYMENT AND ANY STOCK
OPTION AGREEMENT(S); ANY TORT; ANY CLAIM FOR EQUITY OR OTHER BENEFITS; OR ANY
OTHER STATUTORY AND/OR COMMON LAW CLAIM. YOU NOT ONLY RELEASE AND DISCHARGE THE
COMPANY RELEASEES FROM ANY AND ALL CLAIMS AS STATED ABOVE THAT YOU COULD MAKE ON
YOUR OWN BEHALF OR ON BEHALF OF OTHERS, BUT ALSO THOSE CLAIMS THAT MIGHT BE MADE
BY ANY OTHER PERSON OR ORGANIZATION ON YOUR BEHALF, AND YOU SPECIFICALLY WAIVE
ANY RIGHT TO RECOVER ANY DAMAGE AWARDS AS A MEMBER OF ANY CLASS IN A CASE IN
WHICH ANY CLAIM(S) AGAINST THE COMPANY RELEASEES ARE MADE INVOLVING ANY MATTERS.
NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL BE DEEMED TO RELEASE OR
WAIVE ANY CLAIMS ARISING FROM THIS AGREEMENT, UNDER THE OPTION AGREEMENT OR THE
COMPANY'S 401(K) PLAN OR ANY CLAIMS OR RIGHTS ARISING UNDER ANY DIRECTORS' AND
OFFICERS' LIABILITY INSURANCE COVERAGE (THE "D&O COVERAGE") MAINTAINED BY THE
COMPANY OR THE INDEMNIFICATION AGREEMENT BETWEEN YOU AND THE COMPANY (THE
"INDEMNIFICATION AGREEMENT").
FOR THE AVOIDANCE OF DOUBT, THE COMPANY
ACKNOWLEDGES AND AGREES THAT YOU ARE NOT RELEASING THE COMPANY RELEASEES FROM
ANY CLAIMS UNDER THE D&O COVERAGE