the terms of this
Agreement and consult with his attorney prior to executing this Agreement;
(g)
Has a full seven (7) calendar days following his execution of this
Agreement to revoke this Agreement by so notifying Chairman of the Board of the
Company, in writing, within that period, and that he has been and hereby is
advised in writing that this Agreement shall not become effective or enforceable
until the revocation period has expired;
(h)
Was advised and is advised that his rights or claims under the Age
Discrimination in Employment that may arise after the date this Agreement is
executed are not waived; and
(i)
Understands and agrees that changes to this Agreement, whether or
not material, shall not start the 21-day deliberation period nor seven-day
revocation period anew.
20.
THE COMPANY ON BEHALF OF ITSELF AND ITS SUCCESSORS AND ASSIGNS HEREBY
FOREVER AND UNCONDITIONALLY RELIEVES, RELEASES AND DISCHARGES EMPLOYEE AND HIS
RESPECTIVE AGENTS, ASSIGNS AND HEIRS FROM ANY AND ALL LIABILITIES, CLAIMS,
DEBTS, LIABILITIES, DEMANDS, OBLIGATIONS, LIENS, GRIEVANCES, PROMISES, ACTS,
AGREEMENTS, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS FEES,
DAMAGES, ACTIONS AND CAUSES OF ACTION OF WHATEVER KIND OR NATURE, ARISING OUT OF
ACTIONS TAKEN BY EMPLOYEE IN THE COURSE AND SCOPE OF HIS EMPLOYMENT.
AS OF THE
DATE OF THIS AGREEMENT, THE COMPANY IS NOT AWARE OF ANY WRONGFUL ACTIONS TAKEN
BY THE EMPLOYEE .
21.
THE PARTIES REPRESENT AND ACKNOWLEDGE THAT IN EXECUTING THIS AGREEMENT
THEY DO NOT RELY AND HAVE NOT RELIED UPON ANY REPRESENTATION OR STATEMENT MADE
BY ANY OF THE PARTIES OR BY ANY OF THE PARTIES' AGENTS, ATTORNEYS OR
REPRESENTATIVES WITH REGARD TO THE SUBJECT MATTER, BASIS OR EFFECT OF THIS
AGREEMENT OR OTHERWISE, OTHER THAN THOSE STATED IN THIS WRITTEN AGREEMENT.
22.
THIS AGREEMENT SHALL BE BINDING UPON THE PARTIES HERETO AND UPON THEIR
HEIRS, ADMINISTRATORS, REPRESENTATIVES, EXECUTORS, SUCCESSORS AND ASSIGNS, AND
SHALL INURE TO THE BENEFIT OF SAID PARTIES AND EACH OF THEM AND TO THEIR HEIRS,
ADMINISTRATORS, REPRESENTATIVES, EXECUTORS, SUCCESSORS AND ASSIGNS.
EMPLOYEE
EXPRESSLY WARRANTS THAT HE
7
is the sole owner of and he has not transferred to any person or entity any
rights, causes of action or claims released in this Agreement.
23.
SHOULD ANY PROVISION OF THIS AGREEMENT BE DECLARED OR BE DETERMINED BY
ANY COURT OF COMPETENT JURISDICTION TO BE WHOLLY OR PARTIALLY ILLEGAL, INVALID,
OR UNENFORCEABLE, THE LEGALITY, VALIDITY AND ENFORCEABILITY OF THE REMAINING
PARTS, TERMS OR PROVISIONS SHALL NOT BE AFFECTED THEREBY, AND SAID ILLEGAL,
UNENFORCEABLE, OR INVALID PART, TERM OR PROVISION SHALL BE DEEMED NOT TO BE A
PART OF THIS AGREEMENT.
24.
THIS AGREEMENT SETS FORTH THE ENTIRE AGREEMENT BETWEEN THE PARTIES HERETO
AND FULLY SUPERSEDES ANY AND ALL PRIOR AGREEMENTS OR UNDERSTANDINGS, WRITTEN OR
ORAL, BETWEEN THE PARTIES HERETO PERTAINING TO THE SUBJECT MATTER HEREOF.
25.
EMPLOYEE FURTHER UNDERSTANDS THAT NOTHING CONTAINED IN THIS AGREEMENT,
INCLUDING, BUT NOT LIMITED TO, PARAGRAPH 18, WILL BE INTERPRETED TO PREVENT HIM
FROM FILING A CHARGE WITH A GOVERNMENTAL AGENCY OR