OR THE INDEMNIFICATION AGREEMENT.
12.
WAIVER OF RIGHTS AND CLAIMS UNDER THE AGE DISCRIMINATION IN
EMPLOYMENT ACT OF 1967: SINCE YOU ARE 40 YEARS OF AGE OR OLDER, YOU ARE BEING
INFORMED THAT YOU HAVE OR MAY HAVE SPECIFIC RIGHTS AND/OR CLAIMS UNDER THE AGE
DISCRIMINATION IN EMPLOYMENT ACT OF 1967 (ADEA) AND YOU AGREE THAT:
(A)
IN CONSIDERATION FOR THE COMPANY'S PROMISES SET FORTH HEREIN, YOU
SPECIFICALLY AND VOLUNTARILY WAIVE SUCH RIGHTS AND/OR CLAIMS UNDER THE ADEA YOU
MIGHT HAVE AGAINST THE COMPANY RELEASEES TO THE EXTENT SUCH RIGHTS AND/OR CLAIMS
AROSE PRIOR TO THE DATE THIS AGREEMENT WAS EXECUTED;
(B)
YOU UNDERSTAND THAT RIGHTS OR CLAIMS UNDER THE ADEA WHICH MAY ARISE AFTER
THE DATE THIS AGREEMENT IS EXECUTED ARE NOT WAIVED BY YOU;
(C)
YOU ARE ADVISED THAT YOU MAY TAKE AT LEAST 21 DAYS WITHIN WHICH TO
CONSIDER THE TERMS OF THIS AGREEMENT, SUBJECT TO SECTION 13(A) BELOW, AND YOU
ARE ADVISED TO CONSULT WITH AN ATTORNEY OF YOUR CHOICE PRIOR TO EXECUTING THIS
AGREEMENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NOT BEEN SUBJECT TO ANY UNDUE OR
IMPROPER INFLUENCE INTERFERING WITH THE EXERCISE OF YOUR FREE WILL IN DECIDING
WHETHER TO CONSULT WITH COUNSEL;
(D)
YOU HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL OF THE PROVISIONS OF THIS
AGREEMENT, AND YOU KNOWINGLY AND VOLUNTARILY AGREE TO ALL OF THE TERMS SET FORTH
IN THIS AGREEMENT; AND
(E)
IN ENTERING INTO THIS AGREEMENT YOU ARE NOT RELYING ON ANY REPRESENTATION,
PROMISE OR INDUCEMENT MADE BY THE COMPANY OR ITS ATTORNEYS WITH THE EXCEPTION OF
THOSE PROMISES DESCRIBED IN THIS DOCUMENT.
5
13.
PERIOD FOR REVIEW AND CONSIDERATION OF AGREEMENT:
(A)
YOU ACKNOWLEDGE THAT YOU WERE INFORMED AND UNDERSTOOD THAT YOU HAD 21 DAYS
FROM AUGUST 22, 2008 (I.E., TO AND INCLUDING SEPTEMBER 12, 2008) TO REVIEW AND
CONSIDER A PRECEDING VERSION OF THIS AGREEMENT BEFORE SIGNING IT.
YOU FURTHER
ACKNOWLEDGE AND AGREE THAT THE REVISIONS TO SUCH PRECEDING VERSION THAT ARE
REFLECTED IN THIS AGREEMENT DO NOT EXTEND THAT 21 DAY PERIOD.
IF YOU SIGN THIS
AGREEMENT BEFORE SEPTEMBER 12, 2008, YOU ACKNOWLEDGE THAT SUCH DECISION WAS
ENTIRELY VOLUNTARY.
(B)
THE 21-DAY REVIEW PERIOD WILL NOT BE AFFECTED OR EXTENDED BY ANY
REVISIONS, WHETHER MATERIAL OR IMMATERIAL, THAT MIGHT BE MADE TO THIS AGREEMENT.
14.
ACCORD AND SATISFACTION:
THE PAYMENTS SET FORTH HEREIN SHALL BE
COMPLETE AND UNCONDITIONAL PAYMENT, SETTLEMENT, ACCORD AND/OR SATISFACTION WITH
RESPECT TO ALL OBLIGATIONS AND LIABILITIES OF THE COMPANY RELEASEES TO YOU,
INCLUDING, WITHOUT LIMITATION, ALL CLAIMS FOR BACK WAGES, SALARY, VACATION PAY,
DRAWS, INCENTIVE PAY, BONUSES, STOCK AND STOCK OPTIONS, COMMISSIONS, SEVERANCE
PAY, REIMBURSEMENT OF EXPENSES, MOTOR VEHICLE EXPENSES, MOVING EXPENSES, ANY AND
ALL OTHER FORMS OF COMPENSATION OR BENEFITS, ATTORNEY'S FEES, OR OTHER COSTS OR
SUMS.
15.
NO LIABILITY OR WRONGDOING:
NOTHING IN THIS AGREEMENT, NOR ANY OF
ITS TERMS AND PROVISIONS, NOR ANY OF THE NEGOTIATIONS OR PROCEEDINGS CONNECTED
WITH IT, CONSTITUTES, WILL BE CONSTRUED TO CONSTITUTE, WILL BE OFFERED IN
EVIDENCE AS, RECEIVED IN EVIDENCE AS, AND/OR