AGREEMENT. SIMILARLY, THE COMPANY HEREBY GENERALLY
RELEASES AND DISCHARGES EXECUTIVE FROM ANY AND ALL SUITS, CAUSES OF ACTION,
COMPLAINTS, OBLIGATIONS, DEMANDS, OR CLAIMS OF ANY KIND, WHETHER IN LAW OR IN
EQUITY, DIRECT OR INDIRECT, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED
(HEREINAFTER "CLAIMS"), WHICH THE COMPANY EVER HAD OR NOW HAS AGAINST EXECUTIVE
ARISING OUT OF OR RELATING TO ANY MATTER, THING OR EVENT OCCURRING UP TO AND
INCLUDING THE DATE OF THIS AGREEMENT, EXCLUSIVE OF A CLAIM FOR BREACH OF THIS
AGREEMENT.
THIS IS A GENERAL RELEASE OF ALL CLAIMS.
EXECUTIVE'S RELEASE, AND
THE COMPANY'S RELEASE AS APPLICABLE, SPECIFICALLY INCLUDES, BUT IS NOT LIMITED
TO:
(A)
ANY AND ALL CLAIMS RELATING TO OR ARISING FROM EXECUTIVE'S
EMPLOYMENT RELATIONSHIP WITH THE COMPANY AND THE TERMINATION OF THAT
RELATIONSHIP;
4
(B)
ANY AND ALL CLAIMS FOR WAGES AND BENEFITS INCLUDING, WITHOUT
LIMITATION, SALARY OR OTHER WAGES, STOCK, OPTIONS, COMMISSIONS, ROYALTIES,
LICENSE FEES, HEALTH AND WELFARE BENEFITS, SEVERANCE PAY, VACATION PAY, AND
BONUSES, BUT EXCLUDING CLAIMS TO VESTED BENEFITS, INCLUDING BUT NOT LIMITED TO
CLAIMS UNDER THE FOLLOWING STATUTES: THE FAIR LABOR STANDARDS ACT, AS AMENDED,
THE CALIFORNIA LABOR CODE, THE CALIFORNIA INDUSTRIAL WAGE ORDERS, THE PRIVATE
ATTORNEY GENERAL ACT, THE CALIFORNIA BUSINESS AND PROFESSIONS CODE, OR ANY
COMPARABLE STATUTE OF ANY STATE, COUNTRY OR LOCALITY.
(C)
ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE, BREACH OF CONTRACT
(WHETHER EXPRESS OR IMPLIED), OR FOR BREACH OF THE IMPLIED COVENANT OF GOOD
FAITH AND FAIR DEALING;
(D)
ANY AND ALL CLAIMS FOR EMPLOYMENT DISCRIMINATION ON THE BASIS
OF AGE, RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, VETERAN STATUS, DISABILITY
AND/OR HANDICAP, SEXUAL ORIENTATION, MARITAL STATUS OR ANY OTHER CHARACTERISTIC
PROTECTED BY LAW, AND ANY AND ALL CLAIMS IN VIOLATION OF ANY FEDERAL, STATE OR
LOCAL STATUTE, ORDINANCE, JUDICIAL PRECEDENT OR EXECUTIVE ORDER, INCLUDING BUT
NOT LIMITED TO CLAIMS FOR DISCRIMINATION UNDER THE FOLLOWING STATUTES: TITLE VII
OF THE CIVIL RIGHTS ACT OF 1964, 42 U.S.C. SECTION 2000E ET SEQ., THE CIVIL
RIGHTS ACT OF 1866, 42 U.S.C. SECTION 1981, THE AGE DISCRIMINATION IN EMPLOYMENT
ACT, AS AMENDED, 29 U.S.C. SECTION 621 ET SEQ., THE OLDER WORKERS BENEFIT
PROTECTION ACT, 29 U.S.C. SECTION 626(F), THE AMERICANS WITH DISABILITIES ACT,
42 U.S.C. SECTION 12101 ET SEQ.,
OR ANY CLAIMS UNDER THE FAMILY AND MEDICAL
LEAVE ACT OF 1993, AS AMENDED, THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT,
AS AMENDED, THE FAIR LABOR STANDARDS ACT, AS AMENDED, THE EMPLOYEE RETIREMENT
INCOME SECURITY ACT OF 1974, AS AMENDED, OR ANY COMPARABLE STATUTE OF ANY STATE,
COUNTRY OR LOCALITY.
(E)
ANY AND ALL CLAIMS IN TORT (INCLUDING BUT NOT LIMITED TO ANY
CLAIMS FOR MISREPRESENTATION, DEFAMATION, INTERFERENCE WITH CONTRACT OR
PROSPECTIVE ECONOMIC ADVANTAGE, INTENTIONAL OR NEGLIGENT INFLICTION OF EMOTIONAL
DISTRESS, DURESS, LOSS OF CONSORTIUM, INVASION OF PRIVACY AND NEGLIGENCE);
(F)
ANY AND ALL CLAIMS FOR VIOLATION OF THE FEDERAL, OR ANY
STATE, CONSTITUTION;
(G)
ANY CLAIM FOR ANY LOSS, COSTS, DAMAGE, OR EXPENSE ARISING OUT
OF ANY DISPUTE OVER THE NON-WITHHOLDING OR OTHER TAX TREATMENT OF ANY OF THE