CLAIMS, IF ANY, FOR VESTED EMPLOYMENT
BENEFITS PURSUANT TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 AS
AMENDED, WORKER'S COMPENSATION INSURANCE COVERAGE, AND/OR UNEMPLOYMENT INSURANCE
COVERAGE, OR THE COMPANY'S BREACH OF THIS AGREEMENT.
B.
THE COMPANY DOES HEREBY GENERALLY
RELEASE, ACQUIT, AND DISCHARGE THE EMPLOYEE, INDIVIDUALLY, AND AS APPLICABLE,
EMPLOYEE'S CURRENT, FORMER, AND SUCCESSOR ATTORNEYS, REPRESENTATIVES, GUARDIANS,
HEIRS, ASSIGNS, SUCCESSORS, EXECUTORS, ADMINISTRATORS, INSURERS, SERVANTS,
AGENTS, EMPLOYEES, AFFILIATES, AND ENTITIES, FROM ANY AND ALL CLAIMS AND
CONTROVERSIES; PROVIDED, HOWEVER, THAT NOTHING IN THIS AGREEMENT WILL BE
CONSIDERED A RELEASE OF THE COMPANY'S CLAIMS, IF ANY, FOR THE EMPLOYEE'S BREACH
OF THIS AGREEMENT.
C.
NOTWITHSTANDING ANYTHING TO THE
CONTRARY HEREIN, THE COMPANY OR HEELYS, INC.'S OBLIGATIONS TO EMPLOYEE UNDER
THAT CERTAIN INDEMNIFICATION AGREEMENT, EFFECTIVE AUGUST 31, 2006 (THE
"INDEMNIFICATION AGREEMENT"), AND THIS AGREEMENT ARE NOT RELEASED, ARE NOT
AFFECTED, AND EXPRESSLY SURVIVE THE RELEASE HEREIN IN ALL RESPECTS.
SIMILARLY,
THE COMPANY OR HEELYS, INC.'S INDEMNIFICATION OBLIGATIONS TO EMPLOYEE UNDER
HEELYS, INC.'S ARTICLES OF INCORPORATION AND BYLAWS OR AT LAW ARE NOT RELEASED,
ARE NOT AFFECTED, AND EXPRESSLY SURVIVE THE RELEASE HEREIN.
AS OF THE EFFECTIVE
DATE OF THIS AGREEMENT, TO THE COMPANY'S KNOWLEDGE, EMPLOYEE HAS FULLY COMPLIED
WITH THE INDEMNIFICATION AGREEMENT.
2.
DEFINITIONS:
A.
FOR THE PURPOSES OF THIS AGREEMENT,
INCLUDING WITHOUT LIMITATION SECTION 1 OF THIS AGREEMENT, THE TERM "OTHER HEELYS
RELEASEES" MEANS ALL AFFILIATES OF THE COMPANY AND ALL OF THEIR RESPECTIVE
OFFICERS AND DIRECTORS.
B.
FOR THE PURPOSE OF THIS AGREEMENT, THE
TERM "CLAIMS AND CONTROVERSIES" MEANS THE FOLLOWING:
ALL CLAIMS, DEBTS,
DAMAGES, DEMANDS, LIABILITIES, BENEFITS, SUITS IN EQUITY, COMPLAINTS,
GRIEVANCES, OBLIGATIONS, PROMISES, AGREEMENTS, RIGHTS, CONTROVERSIES, COSTS,
LOSSES, REMEDIES, ATTORNEYS' FEES AND EXPENSES, BACK PAY, FRONT PAY, SEVERANCE
PAY, PERCENTAGE RECOVERY, INJUNCTIVE RELIEF, LOST PROFITS, EMOTIONAL DISTRESS,
MENTAL ANGUISH, PERSONAL INJURIES, LIQUIDATED DAMAGES, PUNITIVE DAMAGES,
DISABILITY BENEFITS, FRAUD, INTEREST, EXPERT FEES AND EXPENSES, REINSTATEMENT,
OTHER COMPENSATION, SUITS, APPEALS, ACTIONS, AND CAUSES OF ACTION, OF WHATEVER
KIND OR CHARACTER, INCLUDING, BUT NOT LIMITED TO, ANY DISPUTE, CLAIM, CHARGE, OR
CAUSE OF ACTION ARISING UNDER THE CIVIL RIGHTS ACT OF 1964, TITLE VII, 42 U.S.C.
§§ 2000E ET SEQ., AS AMENDED (INCLUDING THE CIVIL RIGHTS ACT OF 1991), THE CIVIL
RIGHTS ACT OF 1866, 42 U.S.C. §§ 1981 ET SEQ., AS AMENDED, THE EQUAL PAY ACT, 29
U.S.C. §§ 201 ET SEQ., AS AMENDED, THE AMERICANS WITH DISABILITIES ACT OF
2
1990, 42 U.S.C. §§ 12101 ET SEQ., AS AMENDED, THE AGE DISCRIMINATION IN
EMPLOYMENT ACT, 29 U.S.C. §§ 621 ET SEQ., AS AMENDED, THE EMPLOYEE RETIREMENT
INCOME SECURITY ACT OF 1974, 29 U.S.C. §§ 1001 ET SEQ., AS AMENDED, THE FAIR
LABOR STANDARDS ACT OF 1938, 29 U.S.C. §§ 201 ET SEQ., AS AMENDED, THE FAMILY
AND MEDICAL LEAVE ACT, 29 U.S.C. §§ 2601 ET SEQ., AS AMENDED, THE LABOR
MANAGEMENT RELATIONS ACT, 29 U.S.C. §§ 141 ET SEQ., AS AMENDED, THE EMPLOYEE
POLYGRAPH PROTECTION ACT, 29 U.S.C. §§ 2001 ET SEQ., AS AMENDED, RICO, 18 U.S.C.
§§ 1961 ET SEQ., AS AMENDED, THE OCCUPATIONAL SAFETY AND HEALTH