CURRENT AND FORMER
SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, AGENTS, DIRECTORS, SUPERVISORS,
EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, AND ALL PERSONS ACTING BY,
THROUGH, UNDER, OR IN CONCERT WITH ANY OF THEM FROM ANY AND ALL CHARGES,
COMPLAINTS, CLAIMS, CAUSES OF ACTION, DEBTS, DEMANDS, SUMS OF MONEY,
CONTROVERSIES, AGREEMENTS, PROMISES, DAMAGES AND LIABILITIES OF ANY KIND OR
NATURE WHATSOEVER, BOTH AT LAW AND EQUITY, KNOWN OR UNKNOWN, SUSPECTED OR
UNSUSPECTED, ANTICIPATED OR UNANTICIPATED (HEREINAFTER REFERRED TO AS "CLAIM" OR
"CLAIMS"), ARISING FROM CONDUCT OCCURRING ON OR BEFORE THE DATE OF THIS
AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIMS INCIDENTAL TO OR ARISING OUT
OF AZADEH'S EMPLOYMENT WITH THE COMPANY OR THE TERMINATION THEREOF.
IT IS
EXPRESSLY UNDERSTOOD BY AZADEH THAT AMONG THE VARIOUS RIGHTS AND CLAIMS BEING
WAIVED IN THIS RELEASE ARE THOSE ARISING UNDER THE AGE DISCRIMINATION IN
EMPLOYMENT ACT OF 1967 (29 U.S.C. § 621. ET SEQ.), THE OLDER WORKERS BENEFIT
PROTECTION ACT, TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, THE EQUAL PAY ACT OF
1963, THE AMERICANS WITH DISABILITIES ACT, THE CIVIL RIGHTS ACT OF 1991, THE
CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT, THE CALIFORNIA FAMILY RIGHTS ACT,
THE FEDERAL AND CALIFORNIA WORKER ADJUSTMENT AND
3
RETRAINING ACT, OR ANY OTHER FEDERAL, STATE OR LOCAL LAW OR REGULATION, EXCEPT
AS SPECIFIED HEREIN.
THIS PROVISION IS INTENDED BY THE PARTIES TO BE ALL
ENCOMPASSING AND TO ACT AS A FULL AND TOTAL RELEASE OF ANY CLAIM, WHETHER
SPECIFICALLY ENUMERATED HEREIN OR NOT, THAT AZADEH MIGHT HAVE OR HAS HAD, THAT
EXISTS OR EVER HAS EXISTED ON OR BEFORE THE DATE OF THIS AGREEMENT, WHICH MAY
LEGALLY BE RELEASED.
6.
THE PARTIES UNDERSTAND THE WORD "CLAIM" OR "CLAIMS" TO INCLUDE
WITHOUT LIMITATION ALL ACTIONS, CLAIMS AND GRIEVANCES, WHETHER ACTUAL OR
POTENTIAL, KNOWN OR UNKNOWN, RELATED, INCIDENTAL TO OR ARISING OUT OF EMPLOYEE'S
EMPLOYMENT WITH THE COMPANY AND THE TERMINATION THEREOF.
ALL SUCH CLAIMS,
INCLUDING RELATED ATTORNEYS' FEES AND COSTS, ARE FOREVER BARRED BY THIS
AGREEMENT AND WITHOUT REGARD TO WHETHER THOSE CLAIMS ARE BASED ON ANY ALLEGED
BREACH OF A DUTY ARISING IN CONTRACT OR TORT; ANY ALLEGED UNLAWFUL ACT, ANY
OTHER CLAIM OR CAUSE OF ACTION; AND REGARDLESS OF THE FORUM IN WHICH IT MIGHT BE
BROUGHT.
7.
THE PARTIES HEREBY AGREE THAT BY SIGNING THIS AGREEMENT AND BY
ACCEPTANCE OF THE PAYMENT DESCRIBED ABOVE, AZADEH GIVES UP ANY AND ALL RIGHTS
SHE MAY HAVE TO FILE ANY CLAIM OR ACTION WHICH SHE MAY NOW HAVE, HAS EVER HAD,
OR MAY IN THE FUTURE HAVE, WITH RESPECT TO ANY MATTER PERTAINING TO OR ARISING
FROM HER EMPLOYMENT WITH THE COMPANY.
IN THIS REGARD, AZADEH AGREES THAT THIS
AGREEMENT COVERS BOTH KNOWN AND UNKNOWN CLAIMS OR ACTIONS, AND AS SUCH EMPLOYEE
EXPRESSLY WAIVES ANY RIGHTS OR PROTECTION SHE MAY HAVE UNDER CALIFORNIA CIVIL
CODE SECTION 1542, WHICH PROVIDES:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH
IF