OF RECEIPT OF THE ORDER OR PROCESS COMPELLING SUCH DISCLOSURE
AND SHALL COOPERATE WITH ARC IN ANY EFFORTS IT UNDERTAKES TO SEEK A PROTECTIVE
ORDER OR OTHER LIMITATIONS ON SUCH DISCLOSURE.
4.
HIPP ON BEHALF OF HIMSELF, HIS HEIRS, EXECUTORS, ATTORNEYS,
ADMINISTRATORS, SUCCESSORS AND ASSIGNS, HEREBY FULLY AND FOREVER, TO THE FULL
EXTENT PERMITTED BY LAW, RELEASES AND DISCHARGES ARC AND EACH OF ARC'S
SUBSIDIARIES AND EACH OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, ACCOUNTANTS,
AGENTS AND ATTORNEYS, PAST, PRESENT AND FUTURE, AND ALL PREDECESSORS, SUCCESSORS
AND ASSIGNS THEREOF (COLLECTIVELY "RELEASED PARTIES") FROM ANY AND ALL CLAIMS,
DEMANDS, AGREEMENTS, ACTIONS, SUITS, CAUSES OF ACTION, DAMAGES, INJUNCTIONS,
RESTRAINTS AND LIABILITIES, OF WHATEVER KIND OR NATURE, IN LAW, EQUITY OR
OTHERWISE, WHETHER NOW KNOWN OR UNKNOWN, WHICH HAVE EVER EXISTED OR WHICH MAY
NOW EXIST (EXCEPT TO ENFORCE THE TERMS OF THIS AGREEMENT OR HIS VESTED
RETIREMENT BENEFITS), INCLUDING, BUT NOT LIMITED TO, ANY AND ALL CLAIMS,
LIABILITIES, DEMANDS OR CAUSES OF ACTION RELATING TO OR ARISING OUT OF HIPP'S
EMPLOYMENT, OR SEPARATION FROM ARC INCLUDING, WITHOUT LIMITATION, CLAIMS UNDER
TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, AS AMENDED, 42 U.S.C. § 2000E ET
SEQ., 42 U.S.C. § 1981, THE CIVIL RIGHTS ACT OF 1991, THE AGE DISCRIMINATION IN
EMPLOYMENT ACT, THE OLDER WORKERS BENEFIT PROTECTION ACT, THE AMERICANS WITH
DISABILITIES ACT, THE FAMILY AND MEDICAL LEAVE ACT, THE ILLINOIS HUMAN RIGHTS
ACT, THE ILLINOIS WAGE PAYMENT AND COLLECTION ACT, THE WORKER ADJUSTMENT AND
RETRAINING NOTIFICATION ACT, THE ANTI-TRUST AND RESTRAINT OF TRADE STATUTES AND
COMMON LAW, THE FEDERAL AND STATE (INCLUDING, WITHOUT LIMITATION, ILLINOIS)
STATUTES OR COMMON LAW, OR CLAIMS FOR BREACH OF CONTRACT, FOR MISREPRESENTATION,
FOR VIOLATION OF ANY OTHER FEDERAL, STATE OR LOCAL STATUTE, ORDINANCE OR
REGULATION OR COMMON LAW DEALING IN ANY RESPECT WITH DISCRIMINATION IN
EMPLOYMENT OR OTHERWISE, DEFAMATION, RETALIATORY OR WRONGFUL DISCHARGE UNDER THE
COMMON LAW OF ANY STATE, INFLICTION OF EMOTIONAL DISTRESS OR ANY OTHER TORT
UNDER THE COMMON LAW OF ANY STATE OR FOR ATTORNEY'S FEES.
HIPP ACKNOWLEDGES AND
AGREES THAT THIS RELEASE AND THE COVENANT NOT TO SUE SET FORTH IN THIS AGREEMENT
ARE ESSENTIAL AND MATERIAL TERMS OF THIS AGREEMENT AND THAT WITHOUT SUCH RELEASE
AND COVENANT NOT TO SUE, THE PARTIES WOULD NOT HAVE REACHED AN AGREEMENT.
HIPP
UNDERSTANDS AND ACKNOWLEDGES THE SIGNIFICANCE AND CONSEQUENCES OF THIS RELEASE
AND THIS AGREEMENT.
3
Notwithstanding the foregoing, nothing herein shall be deemed to release (i) ARC
from any indemnification obligations to Hipp it has under law, ARC's certificate
of incorporation or bylaws or Hipp's existing indemnification agreement, (ii)
Hipp from any rights he may have with respect to any ARC stock of which he is
the record owner, or (iii) Hipp with respect to any rights that Hipp may have in
connection with any employee benefit plan as defined in Section 3(3) of the
Employee Retirement Security Income Act of 1974, as amended.
5.
THE FOLLOWING PROVISIONS ARE APPLICABLE TO AND MADE A PART OF
THIS AGREEMENT AND THE FOREGOING GENERAL RELEASE