EXIST IN MY FAVOR AT THE TIME OF EXECUTING THIS RELEASE, AND THAT
THIS RELEASE CONTEMPLATES EXTINGUISHMENT OF ALL SUCH CLAIMS AND CAUSES OF
ACTION.
2.
THAT, I, [NAME], HAVE HAD THE OPPORTUNITY TO CONSULT WITH A
REPRESENTATIVE OF MY OWN CHOOSING WITH RESPECT TO THIS RELEASE; THAT I HAVE READ
THIS RELEASE; THAT I AM FULLY AWARE OF ITS CONTENTS AND OF ITS LEGAL EFFECT; AND
I FREELY AND VOLUNTARILY ENTERED INTO IT.
3.
THAT, I, [NAME], WILL NOT FILE OR BRING ANY CLAIMS, CHARGES,
COMPLAINTS, OR OTHER ACTIONS AGAINST THE COMPANY OR THE COMPANY GROUP ARISING
OUT OF OR BASED UPON THE CIRCUMSTANCES OF MY EMPLOYMENT OR MY SEPARATION FROM
EMPLOYMENT, EXCEPT AS OTHERWISE EXPRESSLY REQUIRED BY LAW OR WITH RESPECT TO
MATTERS NOT RELEASED HEREUNDER.
4.
THAT, I, [NAME], WARRANT THAT EXCEPT AS EXPRESSLY SET FORTH
HEREIN, NO REPRESENTATIONS OF ANY KIND OR CHARACTER HAVE BEEN MADE TO ME BY THE
COMPANY OR ANY OF THE COMPANY'S AGENTS, REPRESENTATIVES, EMPLOYEES OR ATTORNEYS
(OR ANYONE ELSE PURPORTING TO ACT IN ANY SUCH CAPACITIES) TO INDUCE ME TO
EXECUTE THIS RELEASE.
5.
THAT, I, [NAME], ACKNOWLEDGE AND AGREE THAT NONE OF THE
EMPLOYMENT AGREEMENT, THE CONSIDERATION GIVEN THEREUNDER OR THIS RELEASE IS TO
BE CONSTRUED AS AN ADMISSION BY THE COMPANY OR AS AN ADMISSION OF ANY ACT OR
FACT WHATSOEVER.
6.
THE CONSIDERATION SET FORTH IN SECTION 8 OF THE EMPLOYMENT
AGREEMENT EXCEEDS ANY AMOUNT AND/OR CONSIDERATION TO WHICH I WOULD OTHERWISE BE
ENTITLED UNDER THE COMPANY'S STANDARD OPERATING POLICIES, PRACTICES, OR AS
REQUIRED BY LAW.
THEREFORE, SAID CONSIDERATION IS NOT PAID AS WAGES OR OTHER
COMPENSATION DUE, BUT IS PAID SOLELY IN CONSIDERATION OF THIS RELEASE AND THE
PROVISIONS SET FORTH HEREIN RELATING TO CONFIDENTIAL INFORMATION.
3
7.
COMPLIANCE WITH OLDER WORKERS BENEFIT PROTECTION ACT.
In compliance with the Older Workers Benefit Protection Act (P.L. 101-433), the
Company and [Name] do hereby acknowledge as follows:
(A)
THAT, I, [NAME], ACKNOWLEDGE THAT THIS
RELEASE SPECIFICALLY APPLIES TO ANY RIGHTS OR CLAIMS I MAY HAVE AGAINST THE
COMPANY OR ANY PARTY RELEASED HEREIN UNDER THE FEDERAL AGE DISCRIMINATION IN
EMPLOYMENT ACT OF 1967, AS AMENDED;
(B)
THIS RELEASE DOES NOT PURPORT TO WAIVE
RIGHTS OR CLAIMS THAT MAY ARISE FROM ACTS OR EVENTS OCCURRING AFTER THE DATE
THAT THIS RELEASE IS EXECUTED BY THE PARTIES;
(C)
THAT, I, [NAME], ACKNOWLEDGE THAT THE
CONSIDERATION PROVIDED FOR IN THIS RELEASE AND THE PROVISIONS OF THIS PARAGRAPH
ARE IN ADDITION TO THAT TO WHICH I AM ALREADY ENTITLED;
(D)
THAT, I, [NAME], UNDERSTAND THAT THIS
RELEASE SHALL BE REVOCABLE FOR A SEVEN (7) DAY PERIOD FOLLOWING EXECUTION OF
THIS RELEASE BY ME.
ACCORDINGLY, THIS RELEASE SHALL NOT BECOME EFFECTIVE OR
ENFORCEABLE UNTIL THE EXPIRATION OF THIS SEVEN (7) DAY REVOCATION PERIOD.
(E)
THAT, I, [NAME], ACKNOWLEDGE THAT I HAVE
BEEN ADVISED OF MY RIGHT TO CONSULT WITH AN ATTORNEY, AND HAVE IN FACT CONSULTED
WITH AN ATTORNEY, PRIOR TO SIGNING THIS RELEASE AND HAVE BEEN GIVEN A PERIOD OF
TWENTY-ONE (21)