OTHERWISE ENTITLED;
(C)
THAT HE HAS BEEN AND IS HEREBY ADVISED IN
WRITING TO CONSULT WITH AN ATTORNEY PRIOR TO SIGNING THIS RELEASE;
(D)
THAT HE DOES NOT WAIVE RIGHTS OR CLAIMS THAT
MAY ARISE AFTER THE DATE THIS RELEASE IS EXECUTED;
(E)
THAT HE HAS BEEN INFORMED THAT HE HAS THE
RIGHT TO CONSIDER THIS RELEASE AND WAIVER OF CLAIMS FOR A PERIOD OF 21 DAYS FROM
RECEIPT, AND HE HAS SIGNED ON THE DATE INDICATED BELOW AFTER CONCLUDING THAT
THIS RELEASE AND WAIVER OF CLAIMS IS SATISFACTORY TO HIM; AND
(F)
THAT NEITHER THE COMPANY, NOR ANY OF ITS
DIRECTORS, EMPLOYEES, OR ATTORNEYS, HAS MADE ANY REPRESENTATIONS TO HIM
CONCERNING THE TERMS OR EFFECTS OF THIS RELEASE AND WAIVER OF CLAIMS OTHER THAN
THOSE CONTAINED HEREIN.
(G)
THAT HE HAS NOT FILED, AND WILL NOT
HEREAFTER FILE, ANY CLAIM AGAINST THE COMPANY RELATING TO HIS EMPLOYMENT AND/OR
CESSATION OF EMPLOYMENT WITH THE COMPANY, OR OTHERWISE INVOLVING FACTS THAT
OCCURRED ON OR PRIOR TO THE DATE THAT EXECUTIVE HAS SIGNED THIS RELEASE AND
WAIVER OF CLAIMS, OTHER THAN A CLAIM THAT THE COMPANY HAS FAILED TO PAY
EXECUTIVE THE SEVERANCE PAYMENTS OR BENEFITS DUE UNDER ANY EMPLOYEE BENEFIT PLAN
OF THE COMPANY IN WHICH EXECUTIVE IS A PARTICIPANT.
2
(H)
THAT IF HE COMMENCES, CONTINUES, JOINS IN,
OR IN ANY OTHER MANNER ATTEMPTS TO ASSERT ANY CLAIM RELEASED HEREIN AGAINST THE
COMPANY, OR OTHERWISE VIOLATES THE TERMS OF THIS RELEASE AND WAIVER OF CLAIMS,
(I) THE EXECUTIVE WILL CEASE TO HAVE ANY FURTHER RIGHTS TO SEVERANCE PAYMENTS
FROM THE COMPANY, AND (II) THE EXECUTIVE SHALL BE REQUIRED TO RETURN ANY
SEVERANCE PAYMENTS MADE TO THE EXECUTIVE BY THE COMPANY (TOGETHER WITH INTEREST
THEREON).
(I)
EXECUTIVE ACKNOWLEDGES THAT HE MAY LATER
DISCOVER FACTS DIFFERENT FROM OR IN ADDITION TO THOSE WHICH HE KNOWS OR BELIEVES
TO BE TRUE NOW, AND HE AGREES THAT, IN SUCH EVENT, THIS RELEASE AND WAIVER OF
CLAIMS SHALL NEVERTHELESS REMAIN EFFECTIVE IN ALL RESPECTS, NOTWITHSTANDING SUCH
DIFFERENT OR ADDITIONAL FACTS OR THE DISCOVERY OF THOSE FACTS.
5.
THIS RELEASE AND WAIVER OF CLAIMS MAY
NOT BE INTRODUCED IN ANY LEGAL OR ADMINISTRATIVE PROCEEDING, OR OTHER SIMILAR
FORUM, EXCEPT ONE CONCERNING A BREACH OF THIS RELEASE AND WAIVER OF CLAIMS.
6.
THIS RELEASE AND WAIVER OF CLAIMS AND
THE AGREEMENT CONSTITUTE THE COMPLETE UNDERSTANDING BETWEEN EXECUTIVE AND THE
COMPANY CONCERNING THE SUBJECT MATTER HEREOF.
NO OTHER PROMISES OR AGREEMENTS
WILL BE BINDING UNLESS SIGNED BY EXECUTIVE AND THE COMPANY.
7.
IN THE EVENT THAT ANY PROVISION OR
PORTION OF THIS RELEASE AND WAIVER OF CLAIMS SHALL BE DETERMINED TO BE INVALID
OR UNENFORCEABLE FOR ANY REASON, THE REMAINING PROVISIONS OR PORTIONS OF THIS
RELEASE AND WAIVER OF CLAIMS SHALL BE UNAFFECTED THEREBY AND SHALL REMAIN IN
FULL FORCE AND EFFECT TO THE FULLEST EXTENT PERMITTED BY LAW.
8.
THE RESPECTIVE RIGHTS AND OBLIGATIONS
OF THE PARTIES HEREUNDER SHALL SURVIVE TERMINATION OF THIS RELEASE AND WAIVER OF
CLAIMS TO THE EXTENT NECESSARY FOR THE INTENDED PRESERVATION