CONTAINED HEREIN ARE EXPRESSLY CONTINGENT
UPON THE CONDITION THAT CLARK DOES NOT EXERCISE HER RIGHT OF REVOCATION AS
DESCRIBED IN SUBPARAGRAPH (G) OF PARAGRAPH 7 BELOW.
4.
CLARK REPRESENTS THAT SHE WILL NOT FILE
(OR ASK OR ALLOW ANYONE TO FILE ON HER BEHALF), ANY CHARGE, COMPLAINT, CLAIM OR
LAWSUIT OF ANY KIND IN CONNECTION WITH ANY CLAIM RELEASED BY THIS AGREEMENT.
THIS PROVISION SHALL NOT APPLY, HOWEVER, TO ANY NON-WAIVABLE CHARGES OR CLAIMS
BROUGHT BEFORE ANY
2
GOVERNMENTAL AGENCY.
WITH RESPECT TO ANY SUCH NON-WAIVABLE CLAIMS, CLARK AGREES
TO WAIVE HER RIGHT (IF ANY) TO ANY MONETARY OR OTHER RECOVERY SHOULD ANY
GOVERNMENTAL AGENCY OR OTHER THIRD PARTY PURSUE ANY CLAIMS ON HER BEHALF, EITHER
INDIVIDUALLY, OR AS PART OF ANY COLLECTIVE ACTION.
NOTHING HEREIN SHALL
PRECLUDE ANY CLAIM CLARK MAY FILE ALLEGING THAT THE WAIVER OF CLAIMS UNDER THE
AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967 ("ADEA") WAS NOT KNOWING OR
VOLUNTARY.
LIKEWISE, NOTHING HEREIN SHALL PRECLUDE CLARK FROM MAKING ANY CLAIMS
FOR WORKERS' COMPENSATION BENEFITS, UNEMPLOYMENT BENEFITS, INDEMNIFICATION OR
REIMBURSEMENT FOR BUSINESS EXPENSES UNDER LABOR CODE SECTION 2802, OR ANY OTHER
CLAIMS THAT CANNOT BE WAIVED BY PRIVATE AGREEMENT UNDER APPLICABLE LAWS.
WITH
REGARD TO CLAIMS UNDER SECTION 2802, EMPLOYEE ACKNOWLEDGES AND AGREES THAT SHE
HAS CONDUCTED A REASONABLE INVESTIGATION AND IS UNAWARE OF ANY INDEMNIFICATION
CLAIMS THAT HAVE NOT BEEN DISCLOSED IN WRITING TO THE COMPANY.
5.
CLARK WITHOUT LIMITATION HEREBY
IRREVOCABLY AND UNCONDITIONALLY RELEASES AND FOREVER DISCHARGES THE COMPANY, ITS
CURRENT AND FORMER SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, AGENTS,
DIRECTORS, SUPERVISORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, AND
ALL PERSONS ACTING BY, THROUGH, UNDER, OR IN CONCERT WITH ANY OF THEM FROM ANY
AND ALL CHARGES, COMPLAINTS, CLAIMS, CAUSES OF ACTION, DEBTS, DEMANDS, SUMS OF
MONEY, CONTROVERSIES, AGREEMENTS, PROMISES, DAMAGES AND LIABILITIES OF ANY KIND
OR NATURE WHATSOEVER, BOTH AT LAW AND EQUITY, KNOWN OR UNKNOWN, SUSPECTED OR
UNSUSPECTED, ANTICIPATED OR UNANTICIPATED (HEREINAFTER REFERRED TO AS "CLAIM" OR
"CLAIMS"), ARISING FROM CONDUCT OCCURRING ON OR BEFORE THE DATE OF THIS
AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIMS INCIDENTAL TO OR ARISING OUT
OF CLARK'S EMPLOYMENT WITH THE COMPANY OR THE TERMINATION THEREOF.
IT IS
EXPRESSLY UNDERSTOOD BY CLARK THAT AMONG THE VARIOUS RIGHTS AND CLAIMS BEING
WAIVED IN THIS RELEASE ARE THOSE ARISING UNDER THE AGE DISCRIMINATION IN
EMPLOYMENT ACT OF 1967 (29 U.S.C. § 621. ET SEQ.), THE OLDER WORKERS BENEFIT
PROTECTION ACT, TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, THE EQUAL PAY ACT OF
1963, THE AMERICANS WITH DISABILITIES ACT, THE CIVIL RIGHTS ACT OF 1991, THE
CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT, THE CALIFORNIA FAMILY RIGHTS ACT,
THE FEDERAL AND CALIFORNIA WORKER ADJUSTMENT AND RETRAINING ACT, OR ANY OTHER
FEDERAL, STATE OR LOCAL LAW OR REGULATION, EXCEPT AS SPECIFIED HEREIN.
THIS
PROVISION IS INTENDED BY THE PARTIES TO BE ALL ENCOMPASSING AND TO ACT AS A FULL
AND TOTAL RELEASE OF ANY CLAIM, WHETHER SPECIFICALLY ENUMERATED HEREIN OR NOT,
THAT CLARK MIGHT HAVE OR HAS HAD, THAT EXISTS OR EVER HAS EXISTED