INCLUDING, WITHOUT
LIMITATION, THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ("EEOC")
OR APPLICABLE STATE OR CITY FAIR EMPLOYMENT AGENCY OR THE SECURITIES AND
EXCHANGE COMMISSION ("SEC"), TO THE EXTENT REQUIRED OR PERMITTED BY LAW.
NEVERTHELESS, EMPLOYEE UNDERSTANDS AND AGREES THAT HE IS WAIVING ANY RELIEF
AVAILABLE (INCLUDING, FOR EXAMPLE, MONETARY DAMAGES OR REINSTATEMENT), UNDER ANY
OF THE CLAIMS AND/OR CAUSES OF ACTION WAIVED IN SECTIONS 4(A) AND (B), INCLUDING
BUT NOT LIMITED TO FINANCIAL BENEFIT OR MONETARY RECOVERY FROM ANY LAWSUIT FILED
OR SETTLEMENT REACHED BY THE EEOC OR ANYONE ELSE WITH RESPECT TO ANY CLAIMS
RELEASED AND WAIVED IN THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, NOTHING IN
THIS AGREEMENT LIMITS EMPLOYEE'S RIGHT TO RECEIVE AN AWARD FOR INFORMATION
PROVIDED TO THE SEC OR OTHER SIMILAR GOVERNMENT AGENCY OR COMMISSION.
5.
THE EMPLOYEE SHALL HAVE UP TO TWENTY-ONE (21) DAYS FROM THE
DATE OF THEIR RECEIPT OF THIS AGREEMENT, TO CONSIDER THE TERMS AND CONDITIONS OF
THE AGREEMENT. THEY MAY ACCEPT THIS AGREEMENT AT ANY TIME BY EXECUTING IT AND
RETURNING IT TO SAL ZIZZA NO LATER THAN 5:00 P.M. ON THE TWENTY-FIRST (21ST) DAY
AFTER THEIR RECEIPT OF THIS AGREEMENT.
THEREAFTER, THE EMPLOYEE WILL HAVE SEVEN
(7) DAYS TO REVOKE THIS AGREEMENT BY STATING HIS DESIRE TO DO SO IN WRITING TO
SAL ZIZZA. THE EFFECTIVE DATE OF THIS AGREEMENT SHALL BE THE EIGHTH (8TH) DAY
FOLLOWING THE EMPLOYEE SIGNING OF THIS AGREEMENT (THE "RELEASE EFFECTIVE DATE"),
PROVIDED THE EMPLOYEE DOES NOT REVOKE THE AGREEMENT DURING THE REVOCATION
PERIOD.
IN THE EVENT THE EMPLOYEE DOES NOT ACCEPT THIS AGREEMENT AS SET FORTH
ABOVE, OR IN THE EVENT THE EMPLOYEE REVOKES THIS AGREEMENT DURING THE REVOCATION
PERIOD, THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE OBLIGATION OF THE
COMPANY AND ITS SUBSIDIARIES AND AFFILIATES TO PROVIDE THE PAYMENTS AND/OR
BENEFITS REFERRED TO IN PARAGRAPH 2 ABOVE, SHALL AUTOMATICALLY BE DEEMED NULL
AND VOID.
6.
(A)
THE EMPLOYEE ACKNOWLEDGES THAT HE HAS NOT AND WILL NOT
ENGAGE IN ANY CONDUCT, MAKE ANY COMMENT, OR ACT IN ANY MANNER, WHICH IS
DEROGATORY TOWARDS THE COMPANY, THEIR OPERATIONS, THEIR AFFILIATES, OR
LICENSEES, AND HAS NOT OR WILL NOT ENGAGE IN CONDUCT THAT IS INJURIOUS TO THE
COMPANY'S OR THE COMPANY RELEASEES' REPUTATION OR INTEREST, OR ANY CONDUCT THAT
WOULD REASONABLY BE EXPECTED TO LEAD TO UNWANTED OR UNFAVORABLE PUBLICITY TO THE
COMPANY, INCLUDING BUT NOT LIMITED TO (I) DIVULGING, COMMUNICATING, OR IN ANY
WAY MAKING USE OF ANY CONFIDENTIAL INFORMATION (DEFINED BELOW) ACQUIRED IN THE
PERFORMANCE OF HIS DUTIES AT THE COMPANY OR (II) PUBLICLY DISPARAGING (OR
INDUCING OR ENCOURAGING OTHERS TO PUBLICLY DISPARAGE) THE COMPANY, ITS
EMPLOYEES, OR THE COMPANY RELEASEES.
(b)
Employee represents that he has not filed any grievance, suit,
action or claim against any of the Company Releasees and, to the extent in
compliance with applicable law, that he will not do so at any time hereafter
with respect to the matters set forth herein, other than to enforce the terms of
this Agreement.
3
(C)
THE EMPLOYEE ACKNOWLEDGES