1992 (FORMERLY KNOWN AS THE HUMAN RIGHTS
ACT OF 1977), THE FLORIDA EQUAL PAY LAW, THE FLORIDA AIDS ACT, THE FLORIDA
WHISTLE BLOWER LAW AND WAIVABLE RIGHTS UNDER THE FLORIDA CONSTITUTION; (III) ANY
OTHER CLAIM (WHETHER BASED ON FEDERAL, STATE OR LOCAL LAW OR ORDINANCE STATUTORY
OR DECISIONAL)
RELATING TO OR ARISING OUT OF YOUR EMPLOYMENT, THE TERMS AND CONDITIONS OF SUCH
EMPLOYMENT, THE TERMINATION OF SUCH EMPLOYMENT AND/OR ANY OF THE EVENTS RELATING
DIRECTLY OR INDIRECTLY TO OR SURROUNDING THE TERMINATION OF SUCH EMPLOYMENT,
AND/OR ANY OF THE EVENTS RELATING DIRECTLY OR INDIRECTLY TO OR SURROUNDING THE
TERMINATION OF THAT EMPLOYMENT, INCLUDING, BUT NOT LIMITED, BREACH OF CONTRACT
(EXPRESS OR IMPLIED), TORT, WRONGFUL DISCHARGE, DETRIMENTAL RELIANCE,
DEFAMATION, EMOTIONAL DISTRESS OR COMPENSATORY OR PUNITIVE DAMAGES; AND (IV) ANY
CLAIM FOR ATTORNEY'S FEES, COSTS, DISBURSEMENTS AND THE LIKE.
C)
YOU AGREE THAT YOU WILL NOT, FROM ANY SOURCE OR PROCEEDING, SEEK OR
ACCEPT ANY AWARD OR SETTLEMENT WITH RESPECT TO ANY CLAIM OR RIGHT COVERED BY
SECTION 9(A) OR (B) ABOVE, INCLUDING, WITHOUT LIMITATION, ANY SOURCE OR
PROCEEDING INVOLVING ANY PERSON OR ENTITY, THE UNITED STATES EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION OR OTHER SIMILAR FEDERAL OR STATE AGENCY.
EXCEPT AS
OTHERWISE REQUIRED BY LAW, YOU FURTHER AGREE THAT YOU WILL NOT, AT ANY TIME
HEREAFTER, COMMENCE, MAINTAIN, PROSECUTE, PARTICIPATE IN AS A PARTY, PERMIT TO
BE FILED BY ANY OTHER PERSON ON YOUR BEHALF (TO THE EXTENT IT IS WITHIN YOUR
CONTROL OR PERMITTED BY LAW), OR ASSIST IN THE COMMENCEMENT OR PROSECUTION OF AS
AN ADVISOR, WITNESS (UNLESS COMPELLED BY LEGAL PROCESS OR COURT ORDER) OR
OTHERWISE, ANY ACTION OR PROCEEDING OF ANY KIND, JUDICIAL OR ADMINISTRATIVE (ON
YOUR OWN BEHALF, ON BEHALF OF ANY OTHER PERSON AND/OR ON BEHALF OF OR AS A
MEMBER OF ANY ALLEGED CLASS OF PERSONS) IN ANY COURT, AGENCY, INVESTIGATIVE OR
ADMINISTRATIVE BODY AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTUAL OR ALLEGED
ACT, OMISSION, TRANSACTION, PRACTICE, CONDUCT, OCCURRENCE OR ANY OTHER MATTER UP
TO AND INCLUDING THE DATE OF YOUR EXECUTION OF THIS AGREEMENT WHICH YOU RELEASED
PURSUANT TO SECTION 9(A) OR (B) ABOVE.
YOU FURTHER REPRESENT THAT, AS OF THE
DATE YOU SIGN THIS AGREEMENT, YOU HAVE NOT TAKEN ANY ACTION ENCOMPASSED BY THIS
SECTION 9(C).
IF, NOTWITHSTANDING THE FOREGOING PROMISES, YOU VIOLATE THIS
SECTION 9(C), YOU WILL INDEMNIFY AND HOLD HARMLESS RELEASEES FROM AND AGAINST
ANY AND ALL DEMANDS, ASSESSMENTS, JUDGMENTS, COSTS, DAMAGES, LOSSES AND
LIABILITIES AND ATTORNEYS' FEES AND OTHER EXPENSES WHICH RESULT FROM, OR ARE
INCIDENTS TO, SUCH VIOLATION.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY,
THIS SECTION 9(C) SHALL NOT APPLY TO ANY CLAIMS THAT YOU MAY HAVE UNDER THE ADEA
AND SHALL NOT APPLY TO THE PORTION OF THE RELEASE PROVIDED FOR IN
SECTION 9(A) OR (B) RELATING TO THE ADEA.
(D)
THE SOLE MATTERS TO WHICH THE RELEASE AND COVENANTS IN THIS SECTION 9 DO
NOT APPLY ARE:
(I) YOUR RIGHTS OF INDEMNIFICATION TO WHICH YOU WERE ENTITLED
IMMEDIATELY PRIOR TO THE RESIGNATION DATE UNDER THE COMPANY'S