ACT OF 1991) (41 U.S.C. §§
2000E ET SEQ.); THE EQUAL PAY ACT OF 1963, AS AMENDED (29 U.S.C. §
206(D)(1)-(4); THE CIVIL RIGHTS ACTS OF 1866 AND 1871 (42 U.S.C. § 1981); THE
IMMIGRATION REFORM AND CONTROL ACT OF 1986 (29 U.S.C. §§ 1802 ET. SEQ.); THE
WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT, (29 U.S.C §§ 2101 ET SEQ.);
THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (29 U.S.C. §§
1001 ET SEQ.); THE FAIR LABOR STANDARDS ACT (29 U.S.C. §§ 201 ET SEQ.); THE
AMERICANS WITH DISABILITIES ACT OF 1990 (42 U.S.C. §§ 12101 ET SEQ.); THE FAMILY
MEDICAL LEAVE ACT OF 1993, (29 U.S.C. §§ 2611 ET SEQ.), CLAIMS PURSUANT TO
FEDERAL, STATE OR LOCAL LAW REGARDING DISCRIMINATION BASED ON AGE, RACE, SEX,
PREGNANCY, RELIGION, NATIONAL ORIGIN, DISABILITY, MARITAL STATUS, SEXUAL
ORIENTATION OR PREFERENCE, AND CLAIMS FOR ALLEGED VIOLATION OF ANY OTHER LOCAL,
STATE, OR FEDERAL LAW, REGULATION, ORDINANCE, COMMON LAW OR PUBLIC POLICY,
HAVING ANY BEARING WHATSOEVER ON THE TERMS OR CONDITIONS OF YOUR EMPLOYMENT WITH
OR BY INFOSONICS OR THE SEPARATION OF YOUR EMPLOYMENT FROM THE COMPANY.
YOU
FURTHER AGREE, TO THE EXTENT PERMITTED BY LAW, NOT TO BRING SUIT OR OTHER LEGAL
ACTION AGAINST ANY OF THE RELEASED PARTIES BASED ON ANY CLAIMS THAT ARE BEING
RELEASED PURSUANT TO THIS AGREEMENT AND EXPRESSLY AGREE TO WAIVE ANY BENEFIT
THEREFROM.
YOU UNDERSTAND, AGREE AND INTEND THAT THIS AGREEMENT CONTAINS A FULL
AND FINAL RELEASE, COMPROMISE AND SETTLEMENT OF ANY AND ALL CLAIMS YOU MAY HAVE
AGAINST THE RELEASED PARTIES WHETHER KNOWN, SUSPECTED, UNKNOWN OR UNSUSPECTED,
THAT YOU MAY HAVE AS OF THE DATE OF THIS AGREEMENT.
5.
NOTWITHSTANDING ANY CONTRARY PROVISION OF THIS AGREEMENT, BY THIS
RELEASE, YOU DO NOT WAIVE YOUR RIGHT TO FILE A CHARGE OR COMPLAINT WITH A
GOVERNMENT ADMINISTRATIVE AGENCY ("AGENCY") ENFORCING THE CIVIL OR HUMAN RIGHTS
LAWS, SUCH AS THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, OR ANY STATE HUMAN
RIGHTS AGENCY, OR TO PARTICIPATE IN ANY INVESTIGATION OR PROCEEDING CONDUCTED BY
SUCH AN AGENCY, OR TO TESTIFY IN OR COOPERATE WITH ANY RELATED PROCEEDING, NOR
SHALL ANY PROVISION IN THIS AGREEMENT ADVERSELY AFFECT YOUR RIGHT TO ENGAGE IN
SUCH CONDUCT.
NEVERTHELESS, PURSUANT TO THIS AGREEMENT, YOU WAIVE THE RIGHT TO
OBTAIN OR ASSIGN ANY MONETARY RELIEF OR OTHER RECOVERY AS A RESULT OF OR WITH
REGARD TO THE MATTERS ALLEGED IN ANY SUCH CHARGE OR COMPLAINT OR TO COLLECT ANY
MONIES OR COMPENSATION AS A RESULT OF FILING OR PARTICIPATING IN SUCH A CHARGE
OR COMPLAINT.
YOU FURTHER AGREE NEVER TO ACCEPT OR ASSIGN ANY DAMAGES, REMEDIES
OR OTHER RELIEF (ANY RIGHT TO WHICH YOU HEREBY WAIVE) WITH RESPECT TO ANY CLAIM
THAT HAS BEEN RELEASED HEREIN OR ANY EVENT OCCURRING AS OF THE DATE OF THIS
AGREEMENT.
6.
YOU HEREBY WAIVE ANY AND ALL RIGHT TO REINSTATEMENT OR RE-EMPLOYMENT TO
ANY POSITION OF EMPLOYMENT WITH INFOSONICS OR ANY AFFILIATE THEREOF.
7.
OTHER THAN AS MAY BE REQUIRED PURSUANT TO PARAGRAPH 5, YOU AGREE THAT YOU
WILL NOT, DIRECTLY