and hereby reaffirms his obligations thereunder.
4.
EXECUTIVE ACKNOWLEDGES THAT HE HAS BEEN
ADVISED, IN WRITING, TO CONSULT WITH AN ATTORNEY OF HIS CHOICE PRIOR TO SIGNING
THIS AGREEMENT AND THAT HE HAS SIGNED THIS AGREEMENT KNOWINGLY, VOLUNTARILY, AND
FREELY, AND WITH SUCH COUNSEL AS HE DEEMED APPROPRIATE. IN ADDITION, EMPLOYEE
ACKNOWLEDGES THAT HE HAS BEEN PROVIDED WITH A PERIOD OF UP TO TWENTY-ONE (21)
DAYS IN WHICH TO CONSIDER WHETHER OR NOT TO ENTER INTO THIS RELEASE. FURTHER,
EMPLOYEE ACKNOWLEDGES THAT HE HAS BEEN ADVISED OF HIS RIGHT TO REVOKE THIS
AGREEMENT DURING THE SEVEN (7) DAY PERIOD FOLLOWING EXECUTION HEREOF, AND THAT
THE AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION
PERIOD HAS EXPIRED.
5.
Nothing contained herein shall be
construed as an admission by the Company of any liability of any kind to
Executive, all such liability being expressly denied except for obligations of
the Company imposed by the Employment Agreement which survive pursuant to this
Release of Claims.
Michael Mogul
Date:
, 20
A-2
EXHIBIT B-1
FORM OF RESTRICTED SHARE AGREEMENT
B-1
EXHIBIT B-2
FORM OF RSU AGREEMENT
B-1
EXHIBIT C
FORM OF SUBSCRIPTION AGREEMENT
C-1
EXHIBIT D
FORM OF STOCK OPTION AGREEMENT
D-1