SEEKING A
DETERMINATION IN GOOD FAITH OF THE VALIDITY OF THIS WAIVER UNDER THE ADEA, NOR
DOES IT IMPOSE ANY CONDITION PRECEDENT, PENALTIES, OR COSTS FOR DOING SO, UNLESS
SPECIFICALLY AUTHORIZED BY FEDERAL LAW. IN THE EVENT EMPLOYEE SIGNS THIS
AGREEMENT AND RETURNS IT TO THE COMPANY IN LESS THAN THE 21-DAY PERIOD
IDENTIFIED ABOVE, EMPLOYEE HEREBY ACKNOWLEDGES THAT
HE HAS FREELY AND VOLUNTARILY CHOSEN TO WAIVE THE TIME PERIOD ALLOTTED FOR
CONSIDERING THIS AGREEMENT.
7.
CALIFORNIA CIVIL CODE SECTION 1542.
EMPLOYEE ACKNOWLEDGES THAT HE HAS BEEN ADVISED TO CONSULT WITH LEGAL COUNSEL AND
IS FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, A STATUTE
THAT OTHERWISE PROHIBITS THE RELEASE OF UNKNOWN CLAIMS, WHICH PROVIDES AS
FOLLOWS:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH
IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH
THE DEBTOR.
Employee, being aware of said code section and with the exceptions as set forth
herein, agrees to expressly waive any rights he may have thereunder, as well as
under any other statute or common law principles of similar effect.
8.
NO PENDING OR FUTURE LAWSUITS. EMPLOYEE
REPRESENTS THAT HE HAS NO LAWSUITS, CLAIMS, OR ACTIONS PENDING IN HIS NAME, OR
ON BEHALF OF ANY OTHER PERSON OR ENTITY, AGAINST THE COMPANY OR ANY OF THE OTHER
RELEASEES. EMPLOYEE ALSO REPRESENTS THAT HE DOES NOT INTEND TO BRING ANY CLAIMS
ON HIS OWN BEHALF OR ON BEHALF OF ANY OTHER PERSON OR ENTITY AGAINST THE COMPANY
OR ANY OF THE OTHER RELEASEES.
9.
APPLICATION FOR EMPLOYMENT. EMPLOYEE
UNDERSTANDS AND AGREES THAT, AS A CONDITION OF THIS AGREEMENT, EMPLOYEE SHALL
NOT BE ENTITLED TO ANY EMPLOYMENT WITH THE COMPANY, AND EMPLOYEE HEREBY WAIVES
ANY RIGHT, OR ALLEGED RIGHT, OF EMPLOYMENT OR RE-EMPLOYMENT WITH THE COMPANY.
EMPLOYEE FURTHER AGREES NOT TO APPLY FOR EMPLOYMENT WITH THE COMPANY.
10.
TRADE SECRETS AND CONFIDENTIAL
INFORMATION/COMPANY PROPERTY. EMPLOYEE REAFFIRMS AND AGREES TO OBSERVE AND ABIDE
BY THE TERMS OF THE CONFIDENTIALITY AGREEMENT, SPECIFICALLY INCLUDING THE
PROVISIONS THEREIN REGARDING NONDISCLOSURE OF THE COMPANY'S TRADE SECRETS AND
CONFIDENTIAL AND PROPRIETARY INFORMATION, AND NON-SOLICITATION OF COMPANY
EMPLOYEES. EMPLOYEE'S SIGNATURE BELOW CONSTITUTES HIS CERTIFICATION UNDER
PENALTY OF PERJURY THAT HE HAS RETURNED ALL DOCUMENTS AND OTHER ITEMS PROVIDED
TO EMPLOYEE BY THE COMPANY, DEVELOPED OR OBTAINED BY EMPLOYEE IN CONNECTION WITH
HIS EMPLOYMENT WITH THE COMPANY, OR OTHERWISE BELONGING TO THE COMPANY.
11.
NO COOPERATION ADVERSE TO RELEASEES.
EMPLOYEE FURTHER AGREES THAT HE WILL NOT KNOWINGLY ENCOURAGE, COUNSEL, OR ASSIST
ANY ATTORNEYS OR THEIR CLIENTS IN THE PRESENTATION OR PROSECUTION OF ANY
DISPUTES, DIFFERENCES, GRIEVANCES, CLAIMS, CHARGES, OR COMPLAINTS BY ANY THIRD
PARTY AGAINST ANY OF THE RELEASEES, UNLESS UNDER A SUBPOENA OR OTHER COURT ORDER
TO DO SO OR AS RELATED DIRECTLY TO THE ADEA WAIVER IN THIS AGREEMENT. EMPLOYEE
AGREES BOTH TO IMMEDIATELY NOTIFY THE COMPANY UPON RECEIPT OF ANY