OCCURRED ON OR BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT AND YOU WAIVE TO
THE FULL EXTENT PERMITTED BY LAW, ANY RIGHT TO ANY MONETARY OR EQUITABLE RELIEF
IN ANY PROCEEDING THAT MAY RELATE TO THE MATTERS RELEASED BY SECTION 6(A).
C.
NOTWITHSTANDING THE FOREGOING, NOTHING
IN THIS PARAGRAPH SHALL PREVENT YOU FROM FILING A CHARGE WITH ANY FEDERAL, STATE
OR LOCAL ADMINISTRATIVE AGENCY, BUT YOU HEREBY AGREE NOT TO PARTICIPATE IN, AND
WAIVE YOUR RIGHTS WITH RESPECT TO, ANY MONETARY OR OTHER FINANCIAL RELIEF
ARISING FROM ANY SUCH ADMINISTRATIVE PROCEEDING (TO THE FULL EXTENT PERMITTED BY
LAW) UNLESS REQUIRED TO SO PARTICIPATE BY FORCE OF LAW.
D.
YOU AGREE THAT IN THE EVENT THAT YOU (OR
YOUR HEIRS OR ASSIGNS) HAVE COMMITTED A BREACH OF ANY MATERIAL PROVISION OF THIS
AGREEMENT:
(I) WJ COMMUNICATIONS WILL BE IRREPARABLY DAMAGED AND WILL HAVE NO
ADEQUATE REMEDY AT LAW, AND WILL BE ENTITLED TO AN INJUNCTION AS A MATTER OF
RIGHT FROM ANY COURT OF COMPETENT JURISDICTION RESTRAINING ANY FURTHER BREACH OF
THIS AGREEMENT; AND (II) WJ COMMUNICATIONS' REMAINING OBLIGATIONS UNDER THIS
AGREEMENT SHALL IMMEDIATELY TERMINATE.
YOU FURTHER AGREE THAT THIS
4
AGREEMENT MAY AND SHALL BE PLEADED AS A FULL AND COMPLETE DEFENSE TO ANY ACTION,
SUIT OR OTHER PROCEEDING COVERED BY THE TERMS OF THIS AGREEMENT WHICH IS OR MAY
BE INSTITUTED, PROSECUTED OR MAINTAINED BY YOU, YOUR HEIRS AND ASSIGNS.
NOTWITHSTANDING THE FOREGOING, YOU UNDERSTAND AND CONFIRM THAT YOU ARE ENTERING
INTO THIS AGREEMENT (WITH ITS COVENANT NOT TO SUE AND WAIVER AND RELEASE)
VOLUNTARILY AND KNOWINGLY, AND THE COVENANT NOT TO SUE SHALL NOT AFFECT YOUR
RIGHT TO CLAIM OTHERWISE WITH RESPECT TO YOUR RIGHTS UNDER THE ADEA.
IN
ADDITION, YOU UNDERSTAND AND CONFIRM THAT PROVISION (II) OF THE FIRST SENTENCE
OF THIS PARAGRAPH SHALL NOT APPLY TO ANY ACTION CHALLENGING THE VALIDITY OF A
WAIVER OR RELEASE IN THIS AGREEMENT OF A CLAIM UNDER THE ADEA.
7.
IN CONSIDERATION OF THE OBLIGATIONS SET
FORTH HEREIN, THE COMPANY AND ITS RESPECTIVE SUBSIDIARIES, AFFILIATES,
DIVISIONS, PARENTS, MEMBERS, SHAREHOLDERS AND RELATED ENTITIES (INCLUDING ALL
ENTITIES THAT ARE PARTNERS OR MEMBERS IN ANY SUCH RELATED ENTITIES) AND EACH OF
THEIR PAST AND PRESENT DIRECTORS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES,
SERVANTS, DIVISIONS, OWNERS, SHAREHOLDERS AND SUCCESSORS VOLUNTARILY, KNOWINGLY
AND WILLINGLY RELEASE AND FOREVER DISCHARGE YOU, YOUR HEIRS, BENEFICIARIES AND
ASSIGNS, FROM ANY AND ALL KNOWN CLAIMS (AS DEFINED ABOVE) THAT THE COMPANY EVER
HAD, NOW HAS OR MAY HEREAFTER CLAIM TO HAVE AGAINST YOU AS OF THE EFFECTIVE DATE
WITH RESPECT TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS
ARISING DIRECTLY OR INDIRECTLY OUT OF, OR IN ANY WAY CONNECTED WITH, BASED UPON,
OR RELATED TO, YOUR ASSOCIATION WITH THE COMPANY (AND THE SEPARATION OF SUCH
ASSOCIATION) OR ANY CLAIM OF BREACH OF ANY OBLIGATION UNDER THE EMPLOYMENT
AGREEMENT, STATUTE OR COMMON LAW.
8.
YOU INTEND TO RELEASE WJ COMMUNICATIONS
AS BROADLY AS PERMITTED UNDER APPLICABLE LAW AND DO SO UNDER SECTION 1542 OF THE
CALIFORNIA CIVIL CODE AS FOLLOWS:
You