FORMER ASSIGNS, AGENTS,
OFFICERS, PARTNERS, MEMBERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES,
REPRESENTATIVES, INSURERS, INVESTORS, ATTORNEYS, AFFILIATES, AND ANY OTHER
RELATED ENTITIES; AND ALL PERSONS ACTING BY, THROUGH, UNDER, OR IN CONCERT WITH
ANY OF THEM (ANY AND ALL OF WHICH ARE REFERRED TO AS "RELEASEES"), FROM ANY AND
ALL CHARGES, COMPLAINTS, CLAIMS, LIABILITIES, OBLIGATIONS, PROMISES, AGREEMENTS,
CAUSES OF ACTION, DAMAGES, LOSSES, EXPENSES, AND DEBTS OF ANY NATURE WHATSOEVER,
KNOWN OR UNKNOWN ("CLAIMS"), WHICH SZYCHER HAS, CLAIMS TO HAVE, EVER HAD, OR
EVER CLAIMED TO HAVE HAD AGAINST RELEASEES THROUGH THE DATE LAST WRITTEN BELOW.
THIS GENERAL RELEASE OF CLAIMS INCLUDES, WITHOUT IMPLICATION OF LIMITATION, ALL
CLAIMS RELATING TO SZYCHER'S EMPLOYMENT AND SEPARATION FROM EMPLOYMENT WITH
CARDIOTECH; ALL CLAIMS RELATING TO SZYCHER'S RELATIONSHIP TO, INTEREST, EQUITY
OR INVESTMENT IN, MEMBERSHIPS IN, OR PARTNERSHIPS WITH CARDIOTECH; ALL CLAIMS OF
DISCRIMINATION, HARASSMENT AND RETALIATION PROHIBITED BY ANY FEDERAL, STATE, OR
LOCAL STATUTE, REGULATION, OR ORDINANCE, INCLUDING WITHOUT IMPLICATION OF
LIMITATION, TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, THE AGE DISCRIMINATION IN
EMPLOYMENT ACT, THE AMERICANS WITH DISABILITIES ACT, THE FAMILY AND MEDICAL
LEAVE ACT, THE EMPLOYEE RETIREMENT INCOME SECURITIES ACT AND MASSACHUSETTS
GENERAL LAWS CHAPTER 151B; AND ALL OTHER STATUTORY OR COMMON LAW CLAIMS.
SZYCHER ALSO WAIVES ANY CLAIM FOR REINSTATEMENT, ATTORNEYS' FEES, INTEREST, OR
COSTS, AND ALL CLAIMS FOR WAGES OR OTHER COMPENSATION, PROVIDED THAT THIS
RELEASE SHALL NOT BE CONSTRUED TO (A) IMPAIR HIS RIGHT TO ENFORCE THE TERMS OF
THE AGREEMENT AND THIS RELEASE, OR (B) RELEASE OR DISCHARGE ANY OF CARDIOTECH'S
INSURANCE OR INDEMNITY OBLIGATIONS TO SZYCHER REGARDING SZYCHER'S SERVICE AS
PRESIDENT, CHIEF EXECUTIVE OFFICER, TREASURER AND MEMBER OF THE BOARD OF THE
COMPANY AND SUCH OTHER POSITIONS WITH THE COMPANY AS HE MAY HAVE HELD.
ADDITIONALLY, NOTHING IN THIS RELEASE SHALL BE INTERPRETED TO PROHIBIT SZYCHER
FROM FILING AN AGE DISCRIMINATION CLAIM WITH ANY ANTI-DISCRIMINATION AGENCY, OR
FROM PARTICIPATING IN AN AGE DISCRIMINATION INVESTIGATION OR PROCEEDING
CONDUCTED BY ANY SUCH AGENCY.
HOWEVER, BY SIGNING THIS RELEASE, SZYCHER
ACKNOWLEDGES THAT HE IS WAIVING ANY AND ALL RIGHTS TO MONEY DAMAGES AND ANY
OTHER RELIEF THAT MIGHT OTHERWISE BE AVAILABLE SHOULD HE OR ANY OTHER ENTITY
PURSUE CLAIMS ARISING OUT OF OR RELATING TO HIS EMPLOYMENT WITH CARDIOTECH
AGAINST THE RELEASEES.
2.
RELEASE BY CARDIOTECH.
THE COMPANY, ON BEHALF OF ITSELF AND ITS
PREDECESSORS, SUCCESSORS, CURRENT AND FORMER ASSIGNS, AGENTS, OFFICERS,
PARTNERS, MEMBERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES,
INSURERS, INVESTORS, ATTORNEYS, AFFILIATES, AND ANY OTHER
9
related entities; and all persons acting by, through, under, or in concert with
any of them, voluntarily releases and discharges Szycher and his spouse, heirs,
children, successors, current and former agents, representatives, executors,
beneficiaries, administrators, trustees, attorneys and assigns, from any and all
charges, complaints, claims, liabilities, obligations, promises, agreements,
causes of action, damages, losses, expenses, and debts of any nature whatsoever,
known or unknown, which the Company has, claims to have, ever had, or ever
claimed to have had against Szycher, through the date last written below,
arising out of (a) Szycher's employment