PROFIT
SHARING PLAN FOR THE 2009 PLAN YEAR, WHICH AMOUNT WILL BE PAID TO THE
401(K) PLAN AT THE TIME THE SAFE HARBOR CONTRIBUTION IS MADE FOR ALL EMPLOYEES.
SECTION 3.
EMPLOYEE RELEASE OF CLAIMS
AND WAIVER OF RIGHTS.
EMPLOYEE, ON EMPLOYEE'S OWN BEHALF AND THAT OF EMPLOYEE'S
HEIRS, ATTORNEYS, ADMINISTRATORS, ASSIGNS AND ANY OTHER PERSON OR ENTITY THAT
HAS OR MAY CLAIM TO HAVE ANY RIGHT, TITLE OR INTEREST IN ANY EMPLOYEE RELEASED
CLAIMS (AS SUCH TERM IS DEFINED BELOW) (COLLECTIVELY, THE "EMPLOYEE RELEASORS")
KNOWINGLY AND VOLUNTARILY WAIVES, AND FULLY RELEASES THE COMPANY, THE BANK, AND
ITS AND THEIR PAST AND CURRENT PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES,
ATTORNEYS, AND EMPLOYEE RETIREMENT AND WELFARE BENEFIT PLANS, AND ASSIGNS, AND
ITS AND THEIR CURRENT, AND FUTURE DIRECTORS, OFFICERS, TRUSTEES, EMPLOYEES, AND
ATTORNEYS, WHETHER IN THEIR INDIVIDUAL OR OFFICIAL CAPACITIES, AND THE PAST AND
CURRENT TRUSTEES OR ADMINISTRATORS OF ANY RETIREMENT OR OTHER BENEFIT PLAN
APPLICABLE TO THE EMPLOYEES, IN THEIR OFFICIAL AND INDIVIDUAL CAPACITIES
(COLLECTIVELY, THE "RELEASED PARTIES") FROM ANY AND ALL CLAIMS OR CAUSES OF
ACTION ARISING OUT OF OR IN CONNECTION WITH EMPLOYEE'S EMPLOYMENT.
EMPLOYEE
RELEASED CLAIMS INCLUDE, BUT ARE NOT LIMITED TO:
·
ANY AND ALL CLAIMS, ACTIONS, CAUSES OF ACTION, CHARGES,
LIABILITIES, DEMANDS, CONTROVERSIES OF ANY KIND AND DESCRIPTION, AND ALL OTHER
LIABILITIES OF WHATEVER NATURE, AND WHETHER AT COMMON LAW, STATUTE, LAW OR
EQUITY OR OTHERWISE, WHICH THE RELEASORS NOW HAVE, WHETHER KNOWN OR UNKNOWN,
FIXED OR CONTINGENT, CLAIMED OR UNCLAIMED, SUSPECTED OR UNSUSPECTED, FILED OR
NOT FILED, WHETHER PAST OR CURRENTLY EXISTING, WHETHER ARISING OUT OF AGREEMENT
OR IMPOSED BY LAW OR OTHERWISE, AND WHETHER DAMAGE HAS YET RESULTED FROM LAW OR
OTHERWISE;
·
ANY AND ALL CLAIMS, DEMANDS, ACTIONS, OR LIABILITIES BASED
UPON, RELATED TO OR ARISING UNDER THE RELEASED PARTIES' POLICIES AND PROCEDURES,
WHETHER FORMAL OR INFORMAL, OR ASSERTING THE RELEASED PARTIES HAS VIOLATED THE
BANK'S OR THE COMPANY'S POLICIES, HANDBOOKS, OR MANUALS;
·
ANY AND ALL CLAIMS, DEMANDS, ACTIONS, OR LIABILITIES BASED
UPON, RELATED TO OR ARISING UNDER ANY STATUTORY OR CONTRACTUAL RIGHT OF PAYMENT
OR ANY CLAIM FOR RELIEF ON THE BASIS OF ANY ALLEGED TORT OR BREACH OF CONTRACT
UNDER THE COMMON LAW OF THE STATE OF ILLINOIS OR ANY OTHER STATE INCLUDING, BUT
NOT LIMITED TO, DEFAMATION, INTENTIONAL OR NEGLIGENT INFLICTION OF EMOTIONAL
DISTRESS, BREACH OF THE COVENANT OF GOOD FAITH AND FAIR DEALING, PROMISSORY
ESTOPPEL, AND/OR NEGLIGENCE;
·
ANY AND ALL CLAIMS, DEMANDS, ACTIONS, OR LIABILITIES
ASSERTING THE RELEASED PARTIES ARE IN ANY WAY OBLIGATED OR RESPONSIBLE FOR ANY
REASON TO PAY EMPLOYEE DAMAGES,
2
EXPENSES, LITIGATION COSTS (INCLUDING ATTORNEYS' FEES), BACK PAY, FRONT PAY,
COMPENSATORY DAMAGES, PUNITIVE DAMAGES, AND/OR INTEREST; AND
·
ALL CLAIMS, DEMANDS, ACTIONS, OR LIABILITIES BASED IN WHOLE
OR IN PART ON CLAIMS OF DISCRIMINATION, HARASSMENT, OR RETALIATION ON THE BASIS
OF AGE, NATIONAL ORIGIN, ANCESTRY, RACE, RELIGION, SEX, SEXUAL HARASSMENT,
SEXUAL ORIENTATION, DISABILITY OR MEDICAL CONDITION, OR ANY ALLEGED EXERCISE OF
A LEGALLY PROTECTED RIGHT.
RELEASED CLAIMS INCLUDE ALL CLAIMS, RIGHTS AND CAUSES