FOR REASONABLE COSTS AND EXPENSES INCURRED BY HIM AS A
RESULT OF ACTIONS TAKEN PURSUANT TO THIS PARAGRAPH 13.
IT IS EXPRESSLY AGREED
AND UNDERSTOOD THAT THE EMPLOYEE WILL PROVIDE ONLY TRUTHFUL TESTIMONY IF
REQUIRED TO DO SO, AND THAT ANY PAYMENT TO HIM IS SOLELY TO REIMBURSE HIS
EXPENSES
AND COSTS FOR COOPERATION WITH THE COMPANY.
NOTHING IN THIS PARAGRAPH
13 IS INTENDED TO REQUIRE EMPLOYEE TO EXPEND AN UNREASONABLE PERIOD OF TIME IN
ACTIVITIES REQUIRED BY THIS PARAGRAPH.
14.
AMENDMENT.
THIS RELEASE MAY NOT BE ALTERED,
AMENDED, OR MODIFIED EXCEPT IN WRITING SIGNED BY BOTH THE EMPLOYEE AND THE
COMPANY.
15.
JOINT PARTICIPATION.
THE PARTIES HERETO
PARTICIPATED JOINTLY IN THE NEGOTIATION AND PREPARATION OF THIS RELEASE, AND
EACH PARTY HAS HAD THE OPPORTUNITY TO OBTAIN THE ADVICE OF LEGAL COUNSEL AND TO
REVIEW AND COMMENT UPON THE RELEASE.
ACCORDINGLY, IT IS AGREED THAT NO RULE OF
CONSTRUCTION SHALL APPLY AGAINST ANY PARTY OR IN FAVOR OF ANY PARTY.
THIS
RELEASE SHALL BE CONSTRUED AS IF THE PARTIES JOINTLY PREPARED THIS RELEASE, AND
ANY UNCERTAINTY OR AMBIGUITY SHALL NOT BE INTERPRETED AGAINST ONE PARTY AND IN
FAVOR OF THE OTHER.
16.
BINDING EFFECT; ASSIGNMENT.
THIS AGREEMENT
AND THE VARIOUS RIGHTS AND OBLIGATIONS ARISING HEREUNDER SHALL INURE TO THE
BENEFIT OF AND BE BINDING UPON THE PARTIES AND THEIR RESPECTIVE SUCCESSORS,
HEIRS, REPRESENTATIVES AND PERMITTED ASSIGNS.
NEITHER PARTY MAY ASSIGN ITS
RESPECTIVE INTERESTS HEREUNDER WITHOUT THE EXPRESS WRITTEN CONSENT OF THE OTHER
PARTY.
17.
APPLICABLE LAW.
THIS RELEASE SHALL BE
GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF
ILLINOIS, AND ANY COURT ACTION COMMENCED TO ENFORCE THIS RELEASE SHALL HAVE AS
ITS SOLE AND EXCLUSIVE VENUE THE COUNTY OF COOK, ILLINOIS.
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18.
EXECUTION OF RELEASE.
THIS RELEASE MAY BE
EXECUTED IN SEVERAL COUNTERPARTS, EACH OF WHICH SHALL BE CONSIDERED AN ORIGINAL,
BUT WHICH WHEN TAKEN TOGETHER, SHALL CONSTITUTE ONE RELEASE.
PLEASE READ THIS AGREEMENT AND CAREFULLY CONSIDER ALL OF ITS PROVISIONS BEFORE
SIGNING IT.
THIS AGREEMENT CONTAINS A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS,
INCLUDING THOSE UNDER THE FEDERAL AGE DISCRIMINATION IN EMPLOYMENT ACT, AND
OTHER FEDERAL, STATE AND LOCAL LAWS PROHIBITING DISCRIMINATION IN EMPLOYMENT.
If Employee signs this Agreement less than 21 days after he receives it from the
Company, he confirms that he does so voluntarily and without any pressure or
coercion from anyone at the Company.
IN WITNESS WHEREOF, the Employee and the Company have voluntarily signed this
Agreement and General Release on the date set forth below.
iPCS, Inc.
By:
Its:
Employee
Date
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