AGREEMENT MIGHT HAVE BEEN
DUE THE EXECUTIVE UNDER ANY PREVIOUS AGREEMENT, INCLUDING THE EMPLOYMENT
AGREEMENT, EXECUTED BY AND BETWEEN ANY MEMBER OF THE COMPANY GROUP AND THE
EXECUTIVE, AND ANY COMPLAINT, CHARGE OR CAUSE OF ACTION ARISING OUT OF HIS
EMPLOYMENT WITH THE COMPANY GROUP UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT
OF 1967 ("ADEA," A LAW WHICH PROHIBITS DISCRIMINATION ON THE BASIS OF AGE), THE
NATIONAL LABOR RELATIONS ACT, THE CIVIL RIGHTS ACT OF 1991, THE AMERICANS WITH
DISABILITIES ACT OF 1990, TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, THE
EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, ALL AS AMENDED; AND ALL OTHER
FEDERAL, STATE AND LOCAL LAWS.
BY SIGNING THE AGREEMENT THE EXECUTIVE
ACKNOWLEDGES THAT HE INTENDS TO WAIVE AND RELEASE ANY RIGHTS KNOWN OR UNKNOWN HE
MAY HAVE AGAINST THE RELEASEES UNDER THESE AND ANY OTHER LAWS; PROVIDED, THAT
THE EXECUTIVE DOES NOT WAIVE OR RELEASE CLAIMS WITH RESPECT TO THE RIGHT TO
ENFORCE THE AGREEMENT.
5
B.
THE EXECUTIVE ACKNOWLEDGES THAT HE HAS
NOT FILED ANY COMPLAINT, CHARGE, CLAIM OR PROCEEDING AGAINST ANY OF THE
RELEASEES BEFORE ANY LOCAL, STATE OR FEDERAL AGENCY, COURT OR OTHER BODY
RELATING TO HIS EMPLOYMENT OR THE RESIGNATION THEREOF (EACH INDIVIDUALLY A
"PROCEEDING").
THE EXECUTIVE REPRESENTS THAT HE IS NOT AWARE OF ANY BASIS ON
WHICH SUCH A PROCEEDING COULD REASONABLY BE INSTITUTED.
C.
THE EXECUTIVE (I) ACKNOWLEDGES THAT HE
WILL NOT INITIATE OR CAUSE TO BE INITIATED ON HIS BEHALF ANY PROCEEDING AND WILL
NOT PARTICIPATE IN ANY PROCEEDING, IN EACH CASE, EXCEPT AS REQUIRED BY LAW; AND
(II) WAIVES ANY RIGHT HE MAY HAVE TO BENEFIT IN ANY MANNER FROM ANY RELIEF
(WHETHER MONETARY OR OTHERWISE) ARISING OUT OF ANY PROCEEDING, INCLUDING ANY
PROCEEDING CONDUCTED BY THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ("EEOC").
FURTHER, THE EXECUTIVE UNDERSTANDS THAT BY ENTERING INTO THE AGREEMENT, HE WILL
BE LIMITING THE AVAILABILITY OF CERTAIN REMEDIES THAT HE MAY HAVE AGAINST THE
COMPANY AND ALSO LIMITING HIS ABILITY TO PURSUE CERTAIN CLAIMS AGAINST THE
RELEASEES.
NOTWITHSTANDING THE ABOVE, NOTHING IN THIS SECTION 8 SHALL PREVENT
THE EXECUTIVE FROM (I) INITIATING OR CAUSING TO BE INITIATED ON HIS BEHALF ANY
COMPLAINT, CHARGE, CLAIM OR PROCEEDING AGAINST THE COMPANY BEFORE ANY LOCAL,
STATE OR FEDERAL AGENCY, COURT OR OTHER BODY CHALLENGING THE VALIDITY OF THE
WAIVER OF HIS CLAIMS UNDER ADEA CONTAINED IN SECTION 8 OF THE AGREEMENT (BUT NO
OTHER PORTION OF SUCH WAIVER); OR (II) INITIATING OR PARTICIPATING IN AN
INVESTIGATION OR PROCEEDING CONDUCTED BY THE EEOC WITH RESPECT TO ADEA.
D.
THE EXECUTIVE ACKNOWLEDGES THAT HE HAS
BEEN GIVEN TWENTY-ONE (21) DAYS FROM THE DATE OF RECEIPT OF THE AGREEMENT TO
CONSIDER ALL THE PROVISIONS OF THE AGREEMENT AND HE DOES HEREBY KNOWINGLY AND
VOLUNTARILY WAIVE SAID GIVEN TWENTY-ONE DAY PERIOD.
THE EXECUTIVE FURTHER
ACKNOWLEDGES THAT HE HAS READ THE AGREEMENT CAREFULLY, HAS BEEN ADVISED BY THE
COMPANY TO CONSULT AN ATTORNEY, AND FULLY UNDERSTANDS THAT BY SIGNING BELOW HE
IS GIVING UP CERTAIN RIGHTS WHICH HE MAY HAVE