THIS AGREEMENT,
INCLUDING THOSE DESCRIBED ABOVE IN PARAGRAPH 5,
Page 4 of 20
CERTAIN OF WHICH EXECUTIVE IS NOT OTHERWISE ENTITLED, AND THE SUFFICIENCY OF
WHICH EXECUTIVE ACKNOWLEDGES, EXECUTIVE FURTHER AGREES, AS FOLLOWS:
A.
FOR HIMSELF AND FOR ALL PEOPLE ACTING ON
HIS BEHALF (SUCH AS, BUT NOT LIMITED TO, HIS FAMILY, HEIRS, EXECUTORS,
ADMINISTRATORS, PERSONAL REPRESENTATIVES, AGENTS AND/OR LEGAL REPRESENTATIVES),
EXECUTIVE AGREES TO WAIVE ANY AND ALL CLAIMS OR GRIEVANCES WHICH HE MAY HAVE
AGAINST COMERICA AND COMERICA'S PAST OR PRESENT STOCKHOLDERS, DIRECTORS,
OFFICERS, TRUSTEES, AGENTS, REPRESENTATIVES, ATTORNEYS, EMPLOYEES, IN THEIR
INDIVIDUAL OR REPRESENTATIVE CAPACITIES, AND ANY AND ALL EMPLOYEE BENEFIT PLANS
AND THEIR RESPECTIVE PAST, CURRENT AND FUTURE TRUSTEES AND ADMINISTRATORS
(HEREAFTER, COLLECTIVELY, THE "RELEASED PARTIES").
BY HIS SIGNATURE HERETO,
EXECUTIVE, FOR HIMSELF AND FOR ALL PEOPLE ACTING ON HIS BEHALF, FOREVER AND
FULLY RELEASES AND DISCHARGES ANY AND ALL OF THE RELEASED PARTIES FROM ANY AND
ALL CLAIMS, CAUSES OF ACTION, CONTRACTS, GRIEVANCES, LIABILITIES, DEBTS,
JUDGMENTS, AND DEMANDS, INCLUDING BUT NOT LIMITED TO ANY CLAIMS FOR ATTORNEY
FEES, THAT EXECUTIVE EVER HAD, NOW HAS, OR MAY HAVE BY REASON OF OR ARISING IN
WHOLE OR IN PART OUT OF ANY EVENT, ACT OR OMISSION OCCURRING ON OR PRIOR TO THE
EFFECTIVE DATE OF THIS AGREEMENT.
THIS RELEASE INCLUDES, BUT IS NOT LIMITED TO,
ANY AND ALL CLAIMS OF ANY NATURE THAT RELATE TO EXECUTIVE'S EMPLOYMENT BY OR
TERMINATION OF EMPLOYMENT WITH COMERICA.
THIS RELEASE INCLUDES, BUT IS NOT
LIMITED TO: CLAIMS OF PROMISSORY ESTOPPEL, FORCED RESIGNATION, CONSTRUCTIVE
DISCHARGE, LIBEL, SLANDER, DEPRIVATION OF DUE PROCESS, WRONGFUL OR RETALIATORY
DISCHARGE,
Page 5 of 20
DISCHARGE IN VIOLATION OF PUBLIC POLICY, BREACH OF CONTRACT, BREACH OF IMPLIED
CONTRACT, INFLICTION OF EMOTIONAL DISTRESS, DETRIMENTAL RELIANCE, INVASION OF
PRIVACY, NEGLIGENCE, MALICIOUS PROSECUTION, FALSE IMPRISONMENT, FRAUD, ASSAULT
AND BATTERY, INTERFERENCE WITH CONTRACTUAL OR OTHER RELATIONSHIPS, OR ANY OTHER
CLAIM UNDER COMMON LAW.
THIS RELEASE ALSO SPECIFICALLY INCLUDES, BUT IS NOT
LIMITED TO: ANY AND ALL CLAIMS UNDER ANY FEDERAL, STATE, AND/OR LOCAL LAW,
REGULATION, OR ORDER PROHIBITING DISCRIMINATION, INCLUDING THE AGE
DISCRIMINATION IN EMPLOYMENT ACT, THE AMERICANS WITH DISABILITIES ACT, TITLE VII
OF THE CIVIL RIGHTS ACT OF 1964, THE TEXAS COMMISSION ON HUMAN RIGHTS ACT, THE
PUBLIC EMPLOYMENT DISCRIMINATION ACT, THE TEXAS FREE ENTERPRISE AND ENTERPRISE
ACT OF 1938, THE TEXAS PAYDAY LAW, THE TEXAS MINIMUM WAGE ACT OF 1970, TOGETHER
WITH ANY AND ALL CLAIMS UNDER THE FAIR CREDIT REPORTING ACT, THE UNIFORM
SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT, THE EMPLOYEE RETIREMENT
SECURITY INCOME SECURITY ACT, THE FAMILY MEDICAL LEAVE ACT, OR ANY OTHER
FEDERAL, STATE, AND OR LOCAL LAW, REGULATION, OR ORDER RELATING TO EMPLOYMENT,
AS THEY ALL HAVE BEEN OR MAY BE AMENDED.
IT IS EXECUTIVE'S INTENT, BY EXECUTING
THIS AGREEMENT, TO RELEASE ALL CLAIMS AS SPECIFIED ABOVE TO THE MAXIMUM EXTENT
PERMITTED BY LAW, WHETHER SAID CLAIMS ARE PRESENTLY KNOWN OR UNKNOWN.
B.
TO THE MAXIMUM EXTENT PERMITTED BY LAW,
EXECUTIVE AGREES THAT HE HAS NOT FILED, NOR WILL HE EVER FILE, A LAWSUIT
ASSERTING ANY