DISCHARGES ALL
RELEASEES OF AND FROM ANY AND ALL CLAIMS THAT HE (ON BEHALF OF EITHER HIMSELF OR
ANY OTHER PERSON OR PERSONS) EVER HAD OR NOW HAS AGAINST ANY AND ALL OF THE
RELEASEES, OR WHICH HE (OR HIS HEIRS, EXECUTORS, ADMINISTRATORS OR ASSIGNS OR
ANY OF THEM) HEREAFTER CAN, SHALL OR MAY HAVE AGAINST ANY AND ALL OF THE
RELEASEES, FOR OR BY REASON OF ANY CAUSE, MATTER, THING, OCCURRENCE OR EVENT
WHATSOEVER THROUGH THE EFFECTIVE DATE OF THIS AGREEMENT.
EMPLOYEE ACKNOWLEDGES
AND AGREES THAT THE CLAIMS RELEASED IN THIS PARAGRAPH INCLUDE, BUT ARE NOT
LIMITED TO, (A) ANY AND ALL CLAIMS BASED ON ANY LAW, STATUTE OR CONSTITUTION OR
BASED ON CONTRACT OR IN TORT ON COMMON LAW, AND (B) ANY AND ALL CLAIMS BASED ON
OR ARISING UNDER ANY CIVIL RIGHTS LAWS, SUCH AS ANY PENNSYLVANIA EMPLOYMENT
LAWS, OR TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 (42 U.S.C. § 2000E ET SEQ.),
OR THE FEDERAL AGE DISCRIMINATION IN EMPLOYMENT ACT (29 U.S.C. § 621 ET SEQ.)
(HEREINAFTER REFERRED TO AS THE "ADEA"), AND (C) ANY AND ALL CLAIMS UNDER ANY
GRIEVANCE OR COMPLAINT PROCEDURE OF ANY KIND, AND (D) ANY AND ALL CLAIMS BASED
ON OR ARISING OUT OF OR RELATED TO HIS RECRUITMENT BY, EMPLOYMENT WITH, THE
TERMINATION OF HIS EMPLOYMENT WITH, HIS PERFORMANCE OF ANY SERVICES IN ANY
CAPACITY FOR, OR ANY BUSINESS TRANSACTION WITH, EACH OR ANY OF THE RELEASEES.
EMPLOYEE ALSO UNDERSTANDS, THAT BY SIGNING THIS AGREEMENT, HE IS WAIVING ALL
CLAIMS AGAINST ANY AND ALL OF THE RELEASEES RELEASED BY THIS AGREEMENT;
PROVIDED, HOWEVER, THAT AS SET FORTH IN SECTION 7 (F) (1) (C) OF THE ADEA, AS
ADDED BY THE OLDER WORKERS BENEFIT PROTECTION ACT OF 1990, NOTHING IN THIS
AGREEMENT CONSTITUTES OR SHALL (I) BE CONSTRUED TO CONSTITUTE A WAIVER BY
EMPLOYEE OF ANY RIGHTS OR CLAIMS THAT MAY ARISE AFTER THIS AGREEMENT IS EXECUTED
BY EMPLOYEE, OR (II) IMPAIR EMPLOYEE'S RIGHT TO FILE A CHARGE WITH THE U.S.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ("EEOC") OR ANY STATE AGENCY OR TO
PARTICIPATE IN AN INVESTIGATION OR PROCEEDING CONDUCTED BY THE EEOC OR ANY STATE
AGENCY.
4.
In consideration of the promises of the Employee set forth in
this Agreement and the Employment Agreement and intending to be legally bound,
Employer hereby irrevocably remises, releases and forever discharges Employee
and his heirs, successors and assigns from any and all Claims that the Employer
ever had or now has though the effective date of this Agreement.
14
5.
EMPLOYEE AND EMPLOYER COVENANT AND AGREE NOT TO SUE EACH OTHER OR
ANY OF THE RELEASEES FOR ANY CLAIMS RELEASED BY THIS AGREEMENT AND TO WAIVE ANY
RECOVERY RELATED TO ANY CLAIMS COVERED BY THIS AGREEMENT.
6.
EMPLOYEE AGREES TO PROVIDE REASONABLE TRANSITION ASSISTANCE TO
EMPLOYER (INCLUDING WITHOUT LIMITATION ASSISTANCE ON REGULATORY MATTERS,
OPERATIONAL MATTERS AND IN CONNECTION WITH LITIGATION) FOR A PERIOD OF ONE YEAR
FROM THE EXECUTION OF THIS AGREEMENT AT NO ADDITIONAL COST; PROVIDED, SUCH
ASSISTANCE SHALL NOT