("ADEA") UNLESS THE WAIVER IS KNOWING AND
VOLUNTARY.
PURSUANT TO THE TERMS OF THE OWBPA, EMPLOYEE ACKNOWLEDGES AND AGREES
THAT HE HAS EXECUTED THIS AGREEMENT VOLUNTARILY, AND WITH FULL KNOWLEDGE OF ITS
CONSEQUENCES.
IN ADDITION, EMPLOYEE HEREBY ACKNOWLEDGES AND AGREES THAT: (A)
THIS AGREEMENT HAS BEEN WRITTEN IN A MANNER THAT IS CALCULATED TO BE UNDERSTOOD,
AND IS UNDERSTOOD, BY EMPLOYEE; (B) THE RELEASE PROVISIONS OF THIS AGREEMENT
APPLY TO RIGHTS AND CLAIMS THAT EMPLOYEE MAY HAVE UNDER THE ADEA, INCLUDING THE
RIGHT TO FILE A LAWSUIT AGAINST THE RELEASED PARTIES FOR AGE DISCRIMINATION; (C)
THE RELEASE PROVISIONS OF THIS AGREEMENT DO NOT APPLY TO ANY RIGHTS OR CLAIMS
THAT EMPLOYEE MAY HAVE UNDER THE ADEA THAT ARISE AFTER THE DATE EMPLOYEE
EXECUTES THIS AGREEMENT; AND (D) THE COMPANY DOES NOT HAVE A PREEXISTING DUTY TO
PAY THE SPECIAL ADDITIONAL COMPENSATION IDENTIFIED IN THIS AGREEMENT (EXCEPT TO
THE EXTENT OTHERWISE PROVIDED IN THE DECEMBER 5, 2007 LETTER AGREEMENT).
8.
GENERAL NATURE OF RELEASE; CLAIMS NOT RELEASED.
THE RELEASE SET
FORTH ABOVE IN PARAGRAPH 6 OF THIS AGREEMENT IS A GENERAL RELEASE OF ALL CLAIMS,
DEMANDS, CAUSES OF ACTION, OBLIGATIONS, DAMAGES, AND LIABILITIES OF ANY NATURE
WHATSOEVER THAT ARE DESCRIBED IN THE RELEASE AND IS INTENDED TO ENCOMPASS ALL
KNOWN AND UNKNOWN, FORESEEN AND UNFORESEEN CLAIMS THAT EMPLOYEE MAY HAVE AGAINST
THE RELEASED PARTIES, OR ANY OF THEM, EXCEPT FOR ANY CLAIMS THAT MAY ARISE FROM
THE TERMS OF THIS AGREEMENT, OR ANY CLAIMS WHICH MAY NOT BE RELEASED AS A MATTER
OF LAW.
IT IS FURTHER UNDERSTOOD BY THE PARTIES THAT NOTHING IN THIS AGREEMENT
SHALL AFFECT ANY RIGHTS EMPLOYEE MAY HAVE UNDER ANY PENSION PLAN AND/OR SAVINGS
PLAN (I.E., 401(K) PLAN) PROVIDED BY THE COMPANY AS OF THE SEPARATION DATE, SUCH
ITEMS TO BE GOVERNED EXCLUSIVELY BY THE TERMS OF THE APPLICABLE PLAN DOCUMENTS.
EMPLOYEE COVENANTS AND AGREES NEVER TO COMMENCE, AID IN ANY WAY, PROSECUTE OR
CAUSE TO BE COMMENCED OR PROSECUTED ANY ACTION OR OTHER PROCEEDING BASED UPON
ANY CLAIMS, DEMANDS, CAUSES OF ACTION, OBLIGATIONS, DAMAGES OR LIABILITIES WHICH
ARE THE SUBJECT OF THIS AGREEMENT; PROVIDED HOWEVER, THAT EMPLOYEE DOES NOT
RELINQUISH ANY PROTECTED RIGHTS TO FILE A CHARGE, TESTIFY, ASSIST OR PARTICIPATE
IN ANY MANNER IN AN INVESTIGATION, HEARING OR PROCEEDING CONDUCTED BY THE EQUAL
EMPLOYMENT OPPORTUNITY COMMISSION, THE OFFICE OF FEDERAL CONTRACT COMPLIANCE OR
ANY SIMILAR STATE HUMAN RIGHTS AGENCY.
HOWEVER, EMPLOYEE MAY NOT RECOVER
ADDITIONAL COMPENSATION OR DAMAGES AS A RESULT OF ANY SUCH ACTION.
9.
RELEASE OF SECTION 1542 RIGHTS.
EMPLOYEE EXPRESSLY WAIVES AND
RELINQUISHES ALL RIGHTS AND BENEFITS HE MAY HAVE UNDER SECTION 1542 OF THE
CALIFORNIA CIVIL CODE.
SECTION 1542 IS INTENDED TO PROTECT AGAINST AN
INADVERTENT RELEASE OF UNKNOWN OR UNSUSPECTED CLAIMS THAT WOULD BE MATERIAL TO
THIS AGREEMENT.
THIS PARAGRAPH 9 PROVIDES THAT EMPLOYEE ALSO IS RELEASING ANY
SUCH UNKNOWN OR UNSUSPECTED CLAIMS.
SECTION 1542 READS AS FOLLOWS:
"Section 1542.
[General Release; extent.]
A general release does not extend to
claims which the creditor does not know or suspect