LEGAL EFFECT; AND
I FREELY AND VOLUNTARILY ENTERED INTO IT.
3.
THAT, I, [NAME], WILL NOT FILE OR BRING ANY CLAIMS, CHARGES,
COMPLAINTS, OR OTHER ACTIONS AGAINST THE COMPANY OR THE COMPANY GROUP ARISING
OUT OF OR BASED UPON THE CIRCUMSTANCES OF MY EMPLOYMENT OR MY SEPARATION FROM
EMPLOYMENT, EXCEPT AS OTHERWISE EXPRESSLY REQUIRED BY LAW OR WITH RESPECT TO
MATTERS NOT RELEASED HEREUNDER.
4.
THAT, I, [NAME], WARRANT THAT EXCEPT AS EXPRESSLY SET FORTH
HEREIN, NO REPRESENTATIONS OF ANY KIND OR CHARACTER HAVE BEEN MADE TO ME BY THE
COMPANY OR ANY OF THE COMPANY'S AGENTS, REPRESENTATIVES, EMPLOYEES OR ATTORNEYS
(OR ANYONE ELSE PURPORTING TO ACT IN ANY SUCH CAPACITIES) TO INDUCE ME TO
EXECUTE THIS RELEASE.
5.
THAT, I, [NAME], ACKNOWLEDGE AND AGREE THAT NONE OF THE
EMPLOYMENT AGREEMENT, THE CONSIDERATION GIVEN THEREUNDER OR THIS RELEASE IS TO
BE CONSTRUED AS AN ADMISSION BY THE COMPANY OR AS AN ADMISSION OF ANY ACT OR
FACT WHATSOEVER.
6.
THE CONSIDERATION SET FORTH IN SECTION 8 OF THE EMPLOYMENT
AGREEMENT EXCEEDS ANY AMOUNT AND/OR CONSIDERATION TO WHICH I WOULD OTHERWISE BE
ENTITLED UNDER THE COMPANY'S STANDARD OPERATING POLICIES, PRACTICES, OR AS
REQUIRED BY LAW.
ALL AMOUNTS TO WHICH I WOULD BE ENTITLED UNDER THE COMPANY'S
POLICIES, PRACTICES AND/OR AS REQUIRED
3
BY LAW HAVE BEEN TENDERED TO ME AND ARE HEREBY ACKNOWLEDGED.
THEREFORE, SAID
CONSIDERATION IS NOT PAID AS WAGES OR OTHER COMPENSATION DUE, BUT IS PAID SOLELY
IN CONSIDERATION OF THIS RELEASE AND THE PROVISIONS SET FORTH HEREIN RELATING TO
CONFIDENTIAL INFORMATION.
7.
COMPLIANCE WITH OLDER WORKERS BENEFIT PROTECTION ACT.
In compliance with the Older Workers Benefit Protection Act (P.L. 101-433), the
Company and [Name] do hereby acknowledge as follows:
(A)
THAT, I, [NAME], ACKNOWLEDGE THAT THIS RELEASE SPECIFICALLY APPLIES TO ANY
RIGHTS OR CLAIMS I MAY HAVE AGAINST THE COMPANY OR ANY PARTY RELEASED HEREIN
UNDER THE FEDERAL AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967, AS AMENDED;
(B)
THIS RELEASE DOES NOT PURPORT TO WAIVE RIGHTS OR CLAIMS THAT MAY ARISE
FROM ACTS OR EVENTS OCCURRING AFTER THE DATE THAT THIS RELEASE IS EXECUTED BY
THE PARTIES;
(C)
THAT, I, [NAME], ACKNOWLEDGE THAT THE CONSIDERATION PROVIDED FOR IN THIS
RELEASE AND THE PROVISIONS OF THIS PARAGRAPH ARE IN ADDITION TO THAT TO WHICH I
AM ALREADY ENTITLED;
(D)
THAT, I, [NAME], UNDERSTAND THAT THIS RELEASE SHALL BE REVOCABLE FOR A
SEVEN (7) DAY PERIOD FOLLOWING EXECUTION OF THIS RELEASE BY ME.
ACCORDINGLY,
THIS RELEASE SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE EXPIRATION OF
THIS SEVEN (7) DAY REVOCATION PERIOD.
(E)
THAT, I, [NAME], ACKNOWLEDGE THAT I HAVE BEEN ADVISED OF MY RIGHT TO
CONSULT WITH AN ATTORNEY, AND HAVE IN FACT CONSULTED WITH AN ATTORNEY, PRIOR TO
SIGNING THIS RELEASE AND HAVE BEEN GIVEN A PERIOD OF TWENTY-ONE (21) DAYS WITHIN
WHICH TO CONSIDER WHETHER TO SIGN THIS RELEASE.
8.
THIS RELEASE IS MADE IN THE STATE OF GEORGIA AND SHALL BE INTERPRETED
UNDER THE LAWS OF SAID STATE. ITS LANGUAGE SHALL BE CONSTRUED AS A