CLAIMS.
3.
EXECUTIVE AGREES THAT HE WILL NOT BE
ENTITLED TO OR ACCEPT ANY BENEFIT FROM ANY CLAIM OR PROCEEDING WITHIN THE SCOPE
OF THIS RELEASE THAT IS FILED OR INSTIGATED BY HIM OR ON HIS BEHALF WITH ANY
AGENCY, COURT, OR OTHER GOVERNMENT ENTITY.
4.
THE PARTIES AGREE AND ACKNOWLEDGE THAT
THE AGREEMENT, AND THE SETTLEMENT AND TERMINATION OF ANY ASSERTED OR UNASSERTED
CLAIMS AGAINST THE COMPANY AND THE COMPANY PARTIES PURSUANT TO THIS RELEASE, ARE
NOT AND SHALL NOT BE CONSTRUED TO BE AN ADMISSION OF ANY VIOLATION OF ANY
FEDERAL, STATE, OR LOCAL STATUTE OR REGULATION, OR OF ANY DUTY OWED BY THE
COMPANY OR ANY OF THE COMPANY PARTIES TO EXECUTIVE.
5.
EXECUTIVE CERTIFIES AND ACKNOWLEDGES AS
FOLLOWS:
(A)
THAT HE HAS READ THE TERMS OF THIS RELEASE,
AND THAT HE UNDERSTANDS ITS TERMS AND EFFECTS, INCLUDING, WITHOUT LIMITATION,
THE FACT THAT HE HAS AGREED TO RELEASE AND FOREVER DISCHARGE THE COMPANY AND ALL
COMPANY PARTIES FROM ANY LEGAL ACTION OR OTHER LIABILITY OF ANY TYPE RELATED IN
ANY WAY TO THE MATTERS RELEASED PURSUANT TO THIS RELEASE OTHER THAN AS PROVIDED
IN THE AGREEMENT AND IN THIS RELEASE.
(B)
THAT HE UNDERSTANDS THE SIGNIFICANCE OF HIS
RELEASE OF UNKNOWN CLAIMS AND HIS WAIVER OF STATUTORY PROTECTION AGAINST A
RELEASE OF UNKNOWN CLAIMS.
ACCORDINGLY, EXECUTIVE EXPRESSLY WAIVES ANY AND ALL
RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH
STATES:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
(C)
THAT HE IS WAIVING ALL RIGHTS TO SUE OR
OBTAIN EQUITABLE, REMEDIAL, OR PUNITIVE RELIEF FROM ANY OR ALL COMPANY PARTIES
OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, REINSTATEMENT, BACK PAY,
FRONT PAY, ATTORNEYS' FEES, AND ANY FORM OF INJUNCTIVE RELIEF.
NOTWITHSTANDING
THE ABOVE, HE FURTHER ACKNOWLEDGES THAT HE IS NOT WAIVING AND IS NOT BEING
REQUIRED TO WAIVE ANY RIGHT THAT CANNOT BE WAIVED UNDER LAW, INCLUDING THE RIGHT
TO FILE AN ADMINISTRATIVE CHARGE OR TO PARTICIPATE IN AN ADMINISTRATIVE
INVESTIGATION OR PROCEEDING; PROVIDED, HOWEVER, THAT HE DISCLAIMS AND WAIVES ANY
RIGHT TO SHARE OR PARTICIPATE IN ANY MONETARY AWARD RESULTING FROM THE
PROSECUTION OF SUCH CHARGE OR INVESTIGATION OR PROCEEDING.
(D)
THAT HE HAS SIGNED THIS RELEASE VOLUNTARILY
AND KNOWINGLY IN EXCHANGE FOR THE CONSIDERATION DESCRIBED HEREIN, WHICH HE
ACKNOWLEDGES IS ADEQUATE AND SATISFACTORY TO HIM AND WHICH HE ACKNOWLEDGES IS IN
ADDITION TO ANY OTHER BENEFITS TO WHICH HE IS OTHERWISE ENTITLED.
2
(E)
THAT HE HAS BEEN AND IS HEREBY ADVISED IN
WRITING TO CONSULT WITH AN ATTORNEY PRIOR TO SIGNING THIS RELEASE.
(F)
THAT HE DOES NOT WAIVE RIGHTS OR CLAIMS
THAT MAY ARISE AFTER THE DATE THIS RELEASE IS EXECUTED OR THOSE CLAIMS ARISING
UNDER THE AGREEMENT WITH RESPECT TO PAYMENTS AND OTHER RIGHTS DUE EXECUTIVE ON
THE DATE OF, OR DURING THE