STATUS, DISABILITY, SEXUAL ORIENTATION, MEDICAL
CONDITION, OR OTHER ANTI-DISCRIMINATION LAWS, INCLUDING, WITHOUT LIMITATION,
TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 AS AMENDED, THE AGE DISCRIMINATION IN
EMPLOYMENT ACT (TITLE 29, UNITED STATES CODE, SECTIONS 621, ET SEQ.) ("ADEA"),
THE AMERICANS WITH DISABILITIES ACT, THE FAIR LABOR STANDARDS ACT, AND THE
FAMILY MEDICAL LEAVE ACT, AS WELL AS ALL COMMON LAW CLAIMS, WHETHER ARISING IN
TORT OR CONTRACT (COLLECTIVELY REFERRED TO AS "RELEASED MATTERS").
IF ANY
GOVERNMENTAL AGENCY SHOULD ASSUME JURISDICTION OVER ANY CLAIM, CHARGE OR
COMPLAINT CONCERNING ALLEGED DISCRIMINATION ARISING OUT OF MY EMPLOYMENT WITH
AVERION, RELEASORS ALSO WAIVE THE RIGHT TO RECOVER DAMAGES OR ANY OTHER REMEDY
AS A RESULT OF SUCH CLAIM, CHARGE OR COMPLAINT.
I ACKNOWLEDGE AND AGREE THAT,
FOLLOWING THE PAYMENT OF THE SEVERANCE AMOUNT IN ACCORDANCE WITH SECTION 8 OF
THE EMPLOYMENT AGREEMENT, AVERION AND RELEASEES HAVE NO OTHER LIABILITIES OR
OBLIGATIONS, OF ANY
A-1
KIND OR NATURE, OWED TO ME IN CONNECTION WITH OR RELATING TO MY EMPLOYMENT WITH
THE SAME.
I FURTHER AGREE AND PROMISE THAT I WILL NOT FILE ANY LAWSUIT OR
ADMINISTRATIVE CLAIM OR CHARGE ASSERTING ANY OF THE FOREGOING RELEASED MATTERS.
4.
RELEASE OF AGE DISCRIMINATION CLAIMS.
I UNDERSTAND THAT THE
GENERAL RELEASE IN SECTION 3 ABOVE INCLUDES A WAIVER OF RIGHTS AND CLAIMS WHICH
I MAY HAVE ARISING UNDER THE ADEA.
I HEREBY REPRESENT THAT I HAVE BEEN ADVISED
TO CONSULT WITH AN ATTORNEY OF MY CHOOSING REGARDING THE WAIVER OF RIGHTS AND
CLAIMS UNDER THE ADEA.
I UNDERSTAND THAT BY SIGNING THIS AGREEMENT, I WAIVE MY
RIGHTS OR CLAIMS UNDER THE ADEA.
I FURTHER UNDERSTAND THAT I AM NOT WAIVING
RIGHTS OR CLAIMS UNDER THE ADEA THAT MAY ARISE AFTER THE EFFECTIVE DATE OF THIS
FULLY EXECUTED AGREEMENT.
5.
WAIVER.
I UNDERSTAND THAT EVEN IF I SHOULD EVENTUALLY SUFFER
SOME DAMAGE ARISING OUT OF MY EMPLOYMENT AND/OR SEPARATION FROM EMPLOYMENT WITH
AVERION, THAT I WILL NOT BE ABLE TO MAKE ANY CLAIMS FOR THOSE DAMAGES, EVEN AS
TO CLAIMS WHICH MAY NOW EXIST, BUT WHICH I DO NOT KNOW EXIST, AND WHICH IF KNOWN
WOULD HAVE AFFECTED MY DECISION TO SIGN THIS AGREEMENT.
6.
NO WRONGDOING.
I UNDERSTAND THAT, BY SIGNING THIS AGREEMENT
AVERION DOES NOT ADMIT ANY WRONGDOING.
I AM ALSO ADMITTING NO WRONGDOING BY
SIGNING THIS AGREEMENT.
WE AGREE THAT NO USE OF THIS AGREEMENT OR ANY COMMENTS
MADE BY EITHER PARTY DURING OUR SETTLEMENT DISCUSSIONS WILL BE USED BY US OR ANY
OF OUR REPRESENTATIVES IN CONNECTION WITH ANY SUBSEQUENT LEGAL ACTION EXCEPT FOR
AN ACTION TO ENFORCE THIS AGREEMENT.
7.
CONFIDENTIAL INFORMATION.
I UNDERSTAND THAT DURING MY EMPLOYMENT
WITH AVERION I HAD ACCESS TO AVERION CONFIDENTIAL INFORMATION, INCLUDING BUT NOT
LIMITED TO, CLIENT AND VENDOR LISTS, FINANCIAL DATA, MARKETING PLANS AND SALES
TECHNIQUES, THAT HAS OR COULD HAVE VALUE TO AVERION, WHICH IF DISCLOSED COULD BE
DETRIMENTAL TO AVERION, AND WHICH AVERION HAS TAKEN REASONABLE STEPS TO PREVENT
FROM DISCLOSURE TO THE GENERAL PUBLIC.
IN ADDITION TO ANY OTHER OBLIGATION OF