COMPENSATION TO WHICH EMPLOYEE IS ENTITLED BY LAW.
7.
AGREEMENT NOT TO SUE AND WARRANTY.
EMPLOYEE PROMISES THAT SHE HAS
NOT AND WILL NOT FILE ANY SUIT, CHARGE, COMPLAINT, GRIEVANCE, ACTION OR OTHER
PROCEEDING WITH ANY FEDERAL, STATE OR LOCAL AGENCY, COURT, ORGANIZATION,
JUDICIAL FORUM OR OTHER TRIBUNAL ASSERTING ANY CLAIM THAT IS RELEASED IN SECTION
4 ABOVE, AND WARRANTS THAT SHE HAS NOT ASSIGNED TO ANY OTHER PERSON OR ENTITY
THE RIGHT TO FILE ANY CLAIMS THAT ARE RELEASED IN SECTION 4 ABOVE, NOR WILL SHE
PERMIT ANY PERSON, GROUP OF PERSONS, OR ORGANIZATION TO TAKE SUCH ACTION ON HIS
BEHALF.
8.
NON‐ADMISSIONS.
IT IS UNDERSTOOD THAT BY OFFERING OR ENTERING INTO
THIS AGREEMENT, NEITHER EMPLOYEE NOR EMPLOYER HAS ADMITTED ANY LIABILITY OR
WRONGDOING WHATSOEVER. NO FINAL FINDINGS OR FINAL JUDGEMENTS HAVE BEEN MADE AND
EMPLOYEE DOES NOT PURPORT AND WILL NOT CLAIM TO BE PREVAILING PARTY, TO ANY
DEGREE OR EXTENT, NOR WILL THIS AGREEMENT OR ITS TERMS BE ADMISSIBLE IN ANY
PROCEEDING OTHER THAN A PROCEEDING FOR BREACH OF THE TERMS CONTAINED HEREIN.
9.
RETURN OF PROPERTY.
EMPLOYEE PROMISES TO RETURN ALL OF EMPLOYER'S
PROPERTY, INCLUDING ALL WORK IN PROGRESS, FILES, PHOTOGRAPHS, NOTES, RECORDS,
CREDIT CARDS, KEYS, ACCESS CARDS, COMPUTER, AND OTHER COMPANY OR CUSTOMER
DOCUMENTS, PRODUCTS OR PROPERTY WHICH SHE HAS RECEIVED IN THE COURSE OF HIS
EMPLOYMENT, OR WHICH REFLECT IN ANY WAY ANY CONFIDENTIAL OR PROPRIETARY
INFORMATION OF EMPLOYER.
10.
CONFIDENTIALITY OBLIGATIONS DO NOT TERMINATE.
EMPLOYEE UNDERSTANDS
THAT AFTER THE TERMINATION DATE, EMPLOYEE REMAINS BOUND TO COMPLY WITH THE TERMS
AND CONDITIONS OF PARAGRAPH 5 OF THE EMPLOYMENT AGREEMENT.
11.
CONFIDENTIALITY OF SEVERANCE OFFER AND BENEFITS.
EXCEPT TO THE EXTENT
REQUIRED BY LAW (E.G., TO SUBMIT A TAX RETURN OR COMPLIANCE WITH A LAWFUL
SUBPOENA), EMPLOYEE WARRANTS THAT SHE HAS NOT DISCLOSED, AND PROMISES THAT SHE
WILL NOT DISCLOSE, THE OFFER OR PAYMENT OF SEVERANCE BENEFITS FOR ANY REASON TO
ANY PERSON OTHER THAN MEMBERS OF HIS IMMEDIATE FAMILY AND PROFESSIONAL
REPRESENTATIVES, WHO SHALL BE INFORMED OF AND BOUND BY THE SAME PROMISE OF
CONFIDENTIALITY.
12.
CONSEQUENCES OF VIOLATION OF AGREEMENT.
IF EITHER PARTY VIOLATES HIS
OR ITS PROMISES IN THIS AGREEMENT, THE OTHER PARTY SHALL BE ENTITLED TO RECOVER,
IN ADDITION TO ANY OTHER DAMAGES OR REMEDIES, SUCH PARTY'S ATTORNEYS' FEES AND
COSTS IN DEFENDING AGAINST THE CLAIM OR
3
ENFORCING THE TERMS OF THIS AGREEMENT.
13.
REEMPLOYMENT OR REINSTATEMENT:
EMPLOYEE HEREBY WAIVES ANY RIGHT TO
AND AGREES NOT TO APPLY OR REAPPLY FOR EMPLOYMENT AND AGREES THAT EMPLOYER HAS
NO OBLIGATION, CONTRACTUAL OR OTHERWISE, TO REHIRE, REEMPLOY OR RECALL HIS IN
THE FUTURE.
THE EXISTENCE OF THIS AGREEMENT SHALL BE A VALID,
NON-DISCRIMINATORY BASIS FOR REJECTING ANY SUCH APPLICATION OR, IN THE EVENT
EMPLOYEE OBTAINS SUCH EMPLOYMENT, TO TERMINATE SUCH EMPLOYMENT.
14. ENTIRE AGREEMENT.
THIS AGREEMENT SETS FORTH ALL AGREEMENTS AND
UNDERSTANDINGS BETWEEN EMPLOYEE AND EMPLOYER AND SUPERSEDES ANY PRIOR
AGREEMENTS, UNDERSTANDINGS OR PROMISES BETWEEN THEM, EXCEPT FOR PARAGRAPH 5 OF
THE EMPLOYMENT AGREEMENT. EMPLOYEE ACKNOWLEDGES THAT SHE HAS NOT RELIED