AUTHOIRTY TO ENTER INTO
THIS AGREEMENT.
15.
RELEASE BY TICKNER.
TICKNER KNOWINGLY AND VOLUNTARILY ON BEHALF
OF HIMSELF AND ANY SPOUSE, DEPENDENTS, DESCENDANTS, ANCESTORS, REPRESENTATIVES,
HEIRS, EXECUTORS, ADMINISTRATORS, GRANTEES, ASSIGNS AND SUCCESSORS-IN-INTEREST
OF TICKNER, AND EACH OF THEM, HEREBY COMPLETELY RELEASES AND FOREVER DISCHARGES
ZENITH AND ANY PARENT, SUBSIDIARY, DIVISION, RELATED OR AFFILIATED ENTITY, PAST
AND PRESENT, AND THEIR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS,
REPRESENTATIVES, INSURERS, ATTORNEYS, ASSIGNS, PREDECESSORS AND
SUCCESSORS-IN-INTEREST, PAST AND PRESENT, AND EACH OF THEM (HEREINAFTER
COLLECTIVELY REFERRED TO AS THE "RELEASED PARTIES"), OF AND FROM ANY AND ALL
CLAIMS, RIGHTS, AGREEMENTS, CONTRACTS, COVENANTS, PROMISES, DEMANDS, ACTIONS,
CAUSES OF ACTION, SUITS, LIENS, JUDGMENTS, ORDERS, DEBTS, OBLIGATIONS,
LIABILITIES, WAGES, ACCOUNTS, DAMAGES, COSTS, ATTORNEYS' FEES OR ANY OTHER
EXPENSES WHATSOEVER, OF WHATEVER KIND OR NATURE, IN LAW, EQUITY OR OTHERWISE,
WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHICH TICKNER NOW HAS OR HAS
AT ANY TIME HERETOFORE HAD, RELATING TO OR ARISING OUT OF ANY STATE, MUNICIPAL,
OR FEDERAL CONSTITUTION, STATUTE, REGULATION, ORDINANCE, ORDER, OR COMMON LAW,
INCLUDING, BUT NOT LIMITED TO:
TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, AS
AMENDED, 42 U.S.C. § 2000(E), ET SEQ.; THE CIVIL RIGHTS ACT OF 1866, AS AMENDED,
42 U.S.C. § 1981, ET SEQ.; THE EQUAL PAY ACT, AS AMENDED, 29 U.S.C. § 206(D);
THE AMERICANS WITH DISABILITIES ACT, 42 U.S.C., § 12101, ET SEQ.; THE FAIR LABOR
STANDARDS ACT OF 1938, AS AMENDED, 29 U.S.C. § 201, ET SEQ.; THE FAMILY AND
MEDICAL LEAVE ACT, 29 U.S.C. § 2601, ET SEQ.; THE AMERICANS WITH DISABILITY ACT
OF 1990, AS AMENDED, 42 U.S.C. § 12101, ET SEQ.; THE AGE DISCRIMINATION IN
EMPLOYMENT ACT OF 1967, AS AMENDED, 29 U.S.C. § 621 ET SEQ.;
11
THE EMPLOYEE RETIREMENT INCOME SECURITY ACT, 29 U.S.C. § 1001, ET SEQ.; ANY
EQUIVALENT STATE STATUTE, AND ANY ACTION BASED ON MISREPRESENTATION, FRAUD, WORK
PLACE INJURY, BREACH OF PUBLIC POLICY, CONTRACT, QUASI-CONTRACT, IMPLIED
CONTRACT, AN ACCOUNTING, WRONGFUL OR CONSTRUCTIVE DISCHARGE, BREACH OF THE
COVENANT OF GOOD FAITH AND FAIR DEALING, LIBEL, SLANDER, MALICIOUS PROSECUTION,
NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS, ANY OTHER TORT,
DISCRIMINATION ON ANY BASIS PROHIBITED BY STATUTE, REGULATION, ORDINANCE, OR
PUBLIC POLICY, NEGLIGENCE, INTERFERENCE WITH BUSINESS OPPORTUNITY OR WITH
CONTRACTS, OR UNFAIR PRACTICES ARISING OUT OF ANY ACTS OR OMISSIONS OCCURRING
BEFORE THE EXECUTION OF THIS AGREEMENT.
THIS RELEASE SHALL NOT BE DEEMED TO
RELEASE OR DISCHARGE ANY OBLIGATIONS UNDER THIS AGREEMENT OR ANY BENEFITS TO
WHICH TICKNER MAY BE ENTITLED UNDER ZENITH'S 401(K) PLAN.
16.
WAIVER OF UNKNOWN CLAIMS.
IN CONNECTION WITH THE FOREGOING
RELEASE, TICKNER ACKNOWLEDGES THAT HE IS AWARE THAT HE MAY LATER DISCOVER FACTS
IN ADDITION TO OR DIFFERENT FROM THOSE WHICH HE CURRENTLY KNOWS OR BELIEVES TO
BE TRUE WITH RESPECT TO THE SUBJECT MATTERS OF THE ABOVE RELEASE, BUT THAT IT IS
HIS INTENTION HEREBY FULLY, FINALLY, AND FOREVER, TO SETTLE AND RELEASE ALL OF
THESE MATTERS WHICH NOW EXIST, MAY EXIST, OR PREVIOUSLY EXISTED BETWEEN TICKNER
AND THE RELEASE PARTIES, WHETHER KNOWN OR UNKNOWN,