GENERAL RELEASE.
HENRY HEREBY FULLY AND FOREVER RELEASES, WAIVES,
DISCHARGES AND PROMISES NOT TO SUE OR OTHERWISE INSTITUTE OR CAUSE TO BE
INSTITUTED ANY LEGAL OR ADMINISTRATIVE PROCEEDINGS AGAINST ALIGN OR ANY OF ITS
CURRENT AND FORMER OFFICERS, DIRECTORS, ATTORNEYS, SHAREHOLDERS, PREDECESSOR,
SUCCESSOR, AFFILIATED OR RELATED COMPANIES, AGENTS, EMPLOYEES AND ASSIGNEES
THEREOF (COLLECTIVELY, THE "COMPANY"), WITH RESPECT TO ANY AND ALL LIABILITIES,
CLAIMS, DEMANDS, CONTRACTS, DEBTS, OBLIGATIONS AND CAUSES OF ACTION OF ANY
NATURE, KIND, AND DESCRIPTION, WHETHER IN LAW, EQUITY OR OTHERWISE, WHETHER OR
NOT NOW KNOWN OR ASCERTAINED, WHICH CURRENTLY DO OR MAY EXIST, INCLUDING WITHOUT
LIMITATION ANY MATTER, CAUSE OR CLAIM ARISING FROM OR RELATING IN ANY WAY TO
HENRY' EMPLOYMENT WITH ALIGN OR THE TERMINATION THEREFROM, INCLUDING, BUT NOT
LIMITED TO ANY CLAIMS FOR UNPAID WAGES, SEVERANCE, BENEFITS, PENALTIES, BREACH
OF CONTRACT, BREACH OF THE COVENANT OF GOOD FAITH AND FAIR DEALING, INFLICTION
OF EMOTIONAL DISTRESS, MISREPRESENTATION, CLAIMS UNDER TITLE VII OF THE CIVIL
RIGHTS ACT, UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT, UNDER THE CALIFORNIA
FAIR EMPLOYMENT AND HOUSING ACT, UNDER THE CALIFORNIA LABOR CODE, UNDER THE
EMPLOYMENT RETIREMENT INCOME AND SECURITY ACT AND UNDER ANY OTHER STATUTORY OR
COMMON LAW CLAIMS RELATING TO EMPLOYMENT OR THE TERMINATION THEREOF, EXCEPT ANY
CLAIMS HENRY MAY HAVE, WHICH, AS A MATTER OF LAW, ARE NOT SUBJECT TO WAIVER,
SUCH AS:
A.
UNEMPLOYMENT INSURANCE BENEFITS
PURSUANT TO THE TERMS OF APPLICABLE LAW;
B.
WORKERS' COMPENSATION INSURANCE BENEFITS
PURSUANT TO DIVISION 4 OF THE CALIFORNIA LABOR CODE, UNDER THE TERMS OF ANY
WORKERS' COMPENSATION INSURANCE POLICY OR FUND OF ALIGN;
C.
CONTINUED PARTICIPATION IN CERTAIN OF
ALIGN'S GROUP BENEFIT PLANS ON A TEMPORARY BASIS PURSUANT TO THE FEDERAL LAW
KNOWN AS COBRA;
D.
RIGHTS OR CLAIMS UNDER THE AGE
DISCRIMINATION IN EMPLOYMENT ACT ("ADEA") THAT MAY ARISE AFTER THE DATE THIS
AGREEMENT IS SIGNED;
E.
THE RIGHT TO FILE AN ADMINISTRATIVE
CHARGE WITH THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, THE DEPARTMENT OF FAIR
EMPLOYMENT & HOUSING, THE NATIONAL LABOR RELATIONS BOARD AND ANY OTHER
GOVERNMENTAL ENTITY TO WHICH WAIVER OF THE RIGHT TO FILE AN ADMINISTRATIVE CLAIM
IS UNLAWFUL;
F.
CLAIMS FOR INDEMNIFICATION UNDER
CALIFORNIA LABOR CODE SECTION 2802.
WITH REGARD TO SECTION B.2.E., HENRY UNDERSTANDS AND AGREES THAT, IN THE EVENT
HE FILES AN ADMINISTRATIVE CHARGE, HE SHALL NOT SEEK, BE ENTITLED TO, OR ACCEPT
ANY FINANCIAL REMUNERATION OF ANY TYPE AS A RESULT OF THE CHARGE.
WITH REGARD
TO SECTION B.2.F., HENRY ACKNOWLEDGES THAT HE IS PRESENTLY UNAWARE OF ANY CLAIMS
FOR INDEMNIFICATION THAT HAVE NOT ALREADY BEEN SUBMITTED TO THE COMPANY.
3.
WAIVER - CIVIL CODE SECTION 1542.
HENRY UNDERSTANDS AND AGREES THAT
SECTION B.2., ABOVE, APPLIES TO CLAIMS, KNOWN AND PRESENTLY UNKNOWN BY HENRY;
AND THAT THIS MEANS THAT IF, HEREAFTER, HENRY DISCOVERS FACTS DIFFERENT FROM OR
IN ADDITION TO THOSE WHICH HENRY NOW KNOWS OR BELIEVES TO BE TRUE, THAT THE
RELEASES, WAIVERS, DISCHARGE AND PROMISE NOT TO SUE OR OTHERWISE INSTITUTE LEGAL
ACTION SHALL BE AND REMAIN EFFECTIVE IN ALL RESPECTS NOTWITHSTANDING SUCH
DIFFERENT