the above stated statutes, regulations, laws, or legal or equitable theories.
6.
BREACH OF GENERAL RELEASE OF CLAIMS.
IF [EMPLOYEE NAME] BREACHES
ANY PROVISION OF THE GENERAL RELEASE OF CLAIMS PROVIDED IN PARAGRAPH 5, THEN
HE/SHE WILL NOT BE ENTITLED TO, AND SHALL RETURN, 75 PERCENT OF THE SEVERANCE
PAY PROVIDED IN PARAGRAPH 2(A).
ATK WILL BE ENTITLED TO ATTORNEY'S FEES AND
COSTS INCURRED IN ITS DEFENSE INCLUDING COLLECTING THE REPAYMENT OF APPLICABLE
CONSIDERATION.
SUCH ACTION ON THE PART OF ATK WILL NOT IN ANY WAY AFFECT THE
ENFORCEABILITY OF THE POST-EMPLOYMENT RESTRICTIONS PROVIDED IN PARAGRAPH 3,
WHICH ARE ADEQUATELY SUPPORTED BY THE REMAINING SEVERANCE BENEFITS PROVIDED IN
PARAGRAPH 2.
7.
EXCLUSIONS FROM GENERAL RELEASE.
[EMPLOYEE NAME] IS NOT WAIVING
HIS/HER RIGHTS TO ANY VESTED PENSION AND/OR 401(K) BENEFITS PURSUANT TO THESE
ERISA PLANS.
[EMPLOYEE NAME] ALSO IS NOT WAIVING HIS/HER RIGHT TO ENFORCE THE
TERMS OF THIS GENERAL RELEASE OR TO CHALLENGE THE KNOWING AND VOLUNTARY NATURE
OF THIS GENERAL RELEASE UNDER THE ADEA AS AMENDED; OR HIS/HER RIGHT TO ASSERT
CLAIMS, DEMANDS OR CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO CLAIMS UNDER
THE ADEA, THAT ARISE AFTER [EMPLOYEE NAME] EXECUTES THIS GENERAL RELEASE.
[EMPLOYEE NAME] AGREES THAT ATK RESERVES ANY AND ALL DEFENSES, WHICH IT HAS OR
MIGHT HAVE AGAINST ANY CLAIMS, DEMANDS OR CAUSES OF ACTION BROUGHT BY [EMPLOYEE
NAME].
THIS INCLUDES, BUT IS NOT LIMITED TO, ATK'S RIGHT TO SEEK AVAILABLE
COSTS AND ATTORNEYS' FEES, AND TO HAVE ANY MONEY OR OTHER DAMAGES THAT MIGHT BE
AWARDED TO [EMPLOYEE NAME], REDUCED BY THE AMOUNT OF MONEY PAID TO HIM/HER UNDER
TO THIS GENERAL RELEASE.
NOTHING IN THIS GENERAL RELEASE INTERFERES WITH
[EMPLOYEE NAME]'S RIGHT TO FILE A CHARGE WITH THE EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION ("EEOC"), OR TO PARTICIPATE IN AN EEOC INVESTIGATION OR PROCEEDING.
NEVERTHELESS, [EMPLOYEE NAME] UNDERSTANDS THAT HE/SHE HAS WAIVED HIS/HER RIGHT
TO RECOVER ANY INDIVIDUAL RELIEF OR MONEY DAMAGES, WHICH MAY BE AWARDED ON SUCH
A CHARGE.
8.
RIGHT TO REVOKE.
THIS GENERAL RELEASE DOES NOT BECOME EFFECTIVE
FOR A PERIOD OF
15 DAYS AFTER [EMPLOYEE NAME] SIGNS IT AND [EMPLOYEE NAME] HAS
THE RIGHT TO CANCEL IT DURING THAT TIME.
ANY DECISION TO REVOKE THIS GENERAL
RELEASE MUST BE MADE IN WRITING AND HAND-DELIVERED TO ATK OR, IF SENT BY MAIL,
POSTMARKED WITHIN THE 15 DAY TIME PERIOD AND ADDRESSED TO [NAME AND TITLE],
ALLIANT TECHSYSTEMS INC., 7480 FLYING CLOUD DRIVE, MINNEAPOLIS, MN 55344.
[EMPLOYEE NAME] UNDERSTANDS THAT IF HE/SHE DECIDES TO REVOKE THIS GENERAL
RELEASE, HE/SHE WILL NOT BE ENTITLED TO ANY SEVERANCE BENEFITS.
9.
UNEMPLOYMENT COMPENSATION BENEFITS.
IF [EMPLOYEE NAME] APPLIES
FOR UNEMPLOYMENT COMPENSATION, ATK WILL NOT CHALLENGE HIS/HER ENTITLEMENT TO
SUCH BENEFITS.
[EMPLOYEE NAME]
A-6
UNDERSTANDS THAT ATK DOES NOT DECIDE WHETHER A PERSON IS ELIGIBLE FOR
UNEMPLOYMENT COMPENSATION BENEFITS, OR THE AMOUNT OF THE BENEFIT.
10.
NO WRONGDOING.
BY ENTERING INTO THIS GENERAL RELEASE, ATK DOES
NOT ADMIT THAT IT HAS ACTED WRONGFULLY WITH RESPECT TO [EMPLOYEE NAME]'S
EMPLOYMENT OR THAT HE/SHE HAS ANY RIGHTS OR