EFFECT OF THIS AGREEMENT OR THE APPLICABLE PROVISIONS OF THE EMPLOYMENT
AGREEMENT THAT SURVIVE TERMINATION OF YOUR EMPLOYMENT;
(D)
ANY CLAIMS ARISING OUT OF ANY CONDUCT, MATTER, EVENT OR OMISSION
EXISTING OR OCCURRING AFTER THE SEPARATION DATE;
(E)
ANY CLAIM THAT CAN NOT BE WAIVED AS A MATTER OF LAW; OR
3
(f)
Any Claim arising under or otherwise having anything to do with
Sections 5.3 or 5.6 of the Employment Agreement to survive termination of your
employment thereunder.
Further, the General Release does not prevent you from contacting or filing a
charge with any federal, state or local government agency or commission.
However, the General Release does prevent you, to the maximum extent permitted
by law, from obtaining any monetary or other personal relief for any of the
Claims you have released in Paragraph 3.
5.
ADEQUACY OF CONSIDERATION.
YOU ACKNOWLEDGE AND AGREE THAT THE
CONSIDERATION UNDER PARAGRAPH 2 ABOVE:
(A)
CONSTITUTES ADEQUATE CONSIDERATION TO SUPPORT YOUR GENERAL RELEASE
IN PARAGRAPH 3 ABOVE; AND
(B)
FULLY COMPENSATES YOU FOR THE CLAIMS YOU ARE RELEASING.
For purposes of this Agreement, "consideration" means something of value to
which you are not already entitled.
6.
PROHIBITION ON YOUR USING OR DISCLOSING CERTAIN INFORMATION.
REGARDLESS OF WHETHER YOU SIGN THIS AGREEMENT, TO THE EXTENT PROVIDED IN
SECTION 6 OF THE EMPLOYMENT AGREEMENT, YOU ARE PROHIBITED FROM USING OR
DISCLOSING CONFIDENTIAL AND/OR PROPRIETARY INFORMATION WHICH YOU ACQUIRED IN THE
COURSE OF YOUR EMPLOYMENT WITH THE COMPANY OR ITS PREDECESSORS, AND WHICH IS NOT
GENERALLY KNOWN BY OR READILY ACCESSIBLE TO THE PUBLIC.
7.
COMPANY PROPERTY AND DOCUMENTS.
REGARDLESS OF WHETHER YOU SIGN
THIS AGREEMENT, AND AS A CONDITION OF RECEIVING THE PAYMENT SET FORTH IN
PARAGRAPH 2 ABOVE, TO THE EXTENT PROVIDED IN SECTION 6 OF THE EMPLOYMENT
AGREEMENT YOU MUST RETURN TO THE COMPANY, RETAINING NO COPIES, ALL COMPANY
PROPERTY, KEYS, DOCUMENTS (HARD COPY OR ELECTRONIC), FORMS, CORRESPONDENCE,
COMPUTER PROGRAMS, MEMOS, DISKS, DVDS AND ANY OTHER COMPANY PROPERTY IN YOUR
POSSESSION OR CONTROL.
8.
CONFIDENTIALITY OF THIS AGREEMENT.
YOU AND THE COMPANY AND ITS
AFFILIATES EACH AGREE THAT, AT ALL TIMES, THE EXISTENCE, TERMS AND CONDITIONS OF
THIS AGREEMENT WILL BE KEPT SECRET AND CONFIDENTIAL AND WILL NOT BE DISCLOSED
VOLUNTARILY TO ANY THIRD PARTY, EXCEPT:
(I) TO YOUR SPOUSE, IF APPLICABLE,
(II) TO THE EXTENT REQUIRED BY LAW; (III) IN CONNECTION WITH ANY CLAIM TO
ENFORCE, INTERPRET OR DETERMINE THE SCOPE, MEANING, OR EFFECT OF THE AGREEMENT;
OR (IV) TO OBTAIN CONFIDENTIAL LEGAL, TAX OR FINANCIAL ADVICE WITH RESPECT
THERETO.
9.
COOPERATION.
TO THE EXTENT PROVIDED IN SECTION 5.3 OF THE
EMPLOYMENT AGREEMENT, YOU AGREE THAT, UPON REASONABLE REQUEST, YOU WILL MEET
WITH REPRESENTATIVES OF THE COMPANY, RITE AID HDQTRS. CORP., OR THEIR RESPECTIVE
PARENT OR SUBSIDIARY COMPANY REPRESENTATIVES AND PROVIDE ANY INFORMATION YOU
ACQUIRED DURING THE COURSE OF YOUR EMPLOYMENT RELATING IN ANY WAY TO ANY
DISPUTES OR OTHER MATTERS INVOLVING THE COMPANY OR ANY RELEASEE (AS DEFINED
ABOVE). YOU FURTHER AGREE THAT YOU WILL COOPERATE FULLY WITH THE COMPANY