OR FEDERAL WAGE
PAYMENT LAWS; ANY STATE AND LOCAL FAIR EMPLOYMENT LAW(S), INCLUDING THE
WISCONSIN FAIR EMPLOYMENT ACT; AND ANY OTHER FEDERAL, STATE OR LOCAL LAWS OR
REGULATIONS OF ANY KIND, WHETHER STATUTORY OR DECISIONAL.
THIS
3
RELEASE ALSO INCLUDES, BUT IS NOT LIMITED TO, A RELEASE OF ANY CLAIMS FOR
WRONGFUL TERMINATION, ANY TORT, ANY BREACH OF EXPRESS OR IMPLIED CONTRACT,
ESTOPPEL, DEFAMATION, MISREPRESENTATION, VIOLATION OF PUBLIC POLICY OR INVASION
OF PRIVACY AND ANY OTHER COMMON LAW CLAIM OF ANY KIND, BUT THIS RELEASE DOES NOT
RELEASE OR WAIVE ANY CLAIMS THAT CANNOT BE RELEASED OR WAIVED AS A MATTER OF
LAW.
C.
THE COMPANY HEREBY RELEASES AND FOREVER DISCHARGES EXECUTIVE FROM
ANY AND ALL CLAIMS, LIABILITIES OR CAUSES OF ACTION OF ANY KIND, KNOWN OR
UNKNOWN, ARISING THROUGH THE DATE THE COMPANY EXECUTES THIS AGREEMENT,
INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, LIABILITIES OR CAUSES OF ACTION
ARISING IN CONNECTION WITH EXECUTIVE'S EMPLOYMENT OR TERMINATION OF EMPLOYMENT
WITH THE COMPANY.
5.
COVENANT NOT TO SUE.
EXECUTIVE REPRESENTS THAT HE HAS NOT
BROUGHT, AND COVENANTS AND AGREES THAT HE WILL NOT BRING, OR JOIN OR CAUSE TO BE
FILED IN COURT, ANY CLAIMS, DEMANDS, SUITS OR ACTIONS, AGAINST THE COMPANY OR
ANY OF THE RELEASED PARTIES ARISING OUT OF, CONNECTED WITH OR RELATED IN ANY WAY
TO HIS DEALINGS WITH THE COMPANY OR ANY OF THE RELEASED PARTIES THAT OCCURRED
PRIOR TO THE DATE OF THIS AGREEMENT, AND/OR THAT ARE RELEASED PURSUANT TO THIS
AGREEMENT OR THE SUPPLEMENTAL GENERAL RELEASE AGREEMENT, INCLUDING, WITHOUT
LIMITATION, CLAIMS RELATED TO HIS EMPLOYMENT OR THE TERMINATION OF THAT
EMPLOYMENT.
NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN PREVENTS EXECUTIVE
FROM ENFORCING THE TERMS OF THIS AGREEMENT OR FROM FILING IN GOOD FAITH ANY
CHARGE WITH AN APPROPRIATE GOVERNMENT ENFORCEMENT AGENCY, PROVIDED THAT
EXECUTIVE SHALL REFUSE TO RECEIVE AND WILL NOT OBTAIN ANY RECOVERY OR ANYTHING
OF ECONOMIC VALUE IN RELATION TO SUCH CHARGE.
6.
CONFIDENTIALITY COVENANT.
EXECUTIVE ACKNOWLEDGES THAT DURING THE
COURSE OF HIS EMPLOYMENT WITH THE COMPANY, HE HAS BEEN ENTRUSTED WITH CERTAIN
PERSONNEL, BUSINESS, FINANCIAL, TECHNICAL, SALES, MARKETING, AND OTHER
PROPRIETARY INFORMATION AND MATERIALS WHICH ARE THE PROPERTY OF THE COMPANY AND
WHICH INVOLVE CONFIDENTIAL INFORMATION CONCERNING THE COMPANY'S BUSINESS,
SERVICES, PRODUCTS, DEALINGS, STRATEGIES, PLANS AND EMPLOYEES ("PROPRIETARY
INFORMATION").
PROPRIETARY INFORMATION INCLUDES ANY INFORMATION, NOT GENERALLY
KNOWN IN THE RELEVANT TRADE OR INDUSTRY, WHICH WAS OBTAINED FROM THE COMPANY OR
WHICH WAS LEARNED, DISCOVERED, DEVELOPED, CONCEIVED, ORIGINATED, OR PREPARED BY
EXECUTIVE IN THE COURSE OF HIS EMPLOYMENT.
SUCH PROPRIETARY INFORMATION
INCLUDES, BUT IS NOT LIMITED TO, SOFTWARE, TECHNICAL AND BUSINESS INFORMATION
RELATING TO THE COMPANY'S INVENTIONS OR PRODUCTS, RESEARCH AND DEVELOPMENT,
PRODUCTION PROCESSES, MANUFACTURING AND ENGINEERING PROCESSES, MACHINES AND
EQUIPMENT, FINANCES, CUSTOMERS, MARKETING, PRICING, SUPPLIERS, PRODUCTION,
FUTURE BUSINESS PLANS, PERSONNEL INFORMATION, AND ANY OTHER INFORMATION WHICH IS
IDENTIFIED AS CONFIDENTIAL BY THE COMPANY.
EXECUTIVE WILL MAINTAIN IN STRICTEST CONFIDENCE, AND WILL NOT COMMUNICATE OR
DISCLOSE TO ANY THIRD PARTY, OR USE FOR HIS OWN BENEFIT, WITHOUT THE PRIOR
EXPRESS WRITTEN CONSENT OF THE