statute or common law principles of similar effect.
6.
NO PENDING OR FUTURE LAWSUITS.
EMPLOYEE AND THE COMPANY
REPRESENT TO EACH OTHER THAT THEY HAVE NO LAWSUITS, CLAIMS, OR ACTIONS PENDING
IN THEIR NAME, OR ON BEHALF OF ANY OTHER PERSON OR ENTITY, AGAINST EACH OTHER OR
ANY OTHER PERSON OR ENTITY REFERRED TO HEREIN.
EMPLOYEE AND THE COMPANY ALSO
REPRESENT TO EACH OTHER THAT AS OF THE EFFECTIVE DATE, THEY DO NOT HAVE ANY
BASIS FOR, AND DO NOT INTEND TO BRING ANY CLAIMS ON THEIR BEHALF OR ON BEHALF OF
ANY OTHER PERSON OR ENTITY AGAINST EACH OTHER OR ANY OTHER PERSON OR ENTITY
REFERRED TO HEREIN.
7.
NO COOPERATION.
EMPLOYEE AGREES THAT HE WILL NOT COUNSEL OR
ASSIST ANY ATTORNEYS OR THEIR CLIENTS IN THE PRESENTATION OR PROSECUTION OF ANY
LAWSUITS, DISPUTES, CLAIMS, CHARGES, OR COMPLAINTS BY ANY THIRD PARTY AGAINST
THE COMPANY (INCLUDING ANY SUBSIDIARY OF THE COMPANY, AND/OR ANY OFFICER,
DIRECTOR, EMPLOYEE, AGENT, REPRESENTATIVE, SHAREHOLDER OR ATTORNEY OF THE
COMPANY OR ANY SUBSIDIARY IN HIS, HER OR ITS CAPACITY AS SUCH ON BEHALF OF THE
COMPANY OR ANY SUBSIDIARY) UNLESS UNDER A SUBPOENA, COURT ORDER OR OTHERWISE
REQUIRED BY LAW TO DO SO.
8.
TAX CONSEQUENCES.
THE COMPANY MAKES NO REPRESENTATIONS OR
WARRANTIES WITH RESPECT TO THE TAX CONSEQUENCES OF THE PAYMENT OF ANY SUMS TO
EMPLOYEE UNDER THE TERMS OF THE MANAGEMENT RETENTION AGREEMENT AND THIS
RELEASE.
EMPLOYEE AGREES AND UNDERSTANDS THAT HE IS RESPONSIBLE FOR PAYMENT, IF
ANY, OF LOCAL, STATE AND/OR FEDERAL TAXES ON THE SUMS PAID THEREUNDER BY THE
COMPANY AND ANY PENALTIES OR ASSESSMENTS THEREON.
9.
COSTS.
THE PARTIES SHALL EACH BEAR THEIR OWN COSTS, EXPERT
FEES, ATTORNEYS' FEES AND OTHER FEES INCURRED IN CONNECTION WITH THIS RELEASE.
10.
AUTHORITY.
THE COMPANY REPRESENTS AND WARRANTS THAT THE UNDERSIGNED
HAS THE AUTHORITY TO ACT ON BEHALF OF THE COMPANY AND TO BIND THE COMPANY AND
ALL WHO MAY CLAIM THROUGH IT TO THE TERMS AND CONDITIONS OF THIS RELEASE.
EMPLOYEE REPRESENTS AND WARRANTS THAT HE HAS THE CAPACITY TO ACT ON HIS OWN
BEHALF AND ON BEHALF OF ALL WHO MIGHT CLAIM THROUGH HIM TO BIND THEM TO THE
TERMS
3
AND CONDITIONS OF THIS RELEASE.
EACH PARTY WARRANTS AND REPRESENTS THAT THERE
ARE NO LIENS OR CLAIMS OF LIEN OR ASSIGNMENTS IN LAW OR EQUITY OR OTHERWISE OF
OR AGAINST ANY OF THE CLAIMS OR CAUSES OF ACTION RELEASED HEREIN.
11.
NO REPRESENTATIONS.
EACH PARTY REPRESENTS THAT IT HAS HAD THE
OPPORTUNITY TO CONSULT WITH AN ATTORNEY, AND HAS CAREFULLY READ AND UNDERSTANDS
THE SCOPE AND EFFECT OF THE PROVISIONS OF THIS RELEASE.
NEITHER PARTY HAS
RELIED UPON ANY REPRESENTATIONS OR STATEMENTS MADE BY THE OTHER PARTY HERETO
WHICH ARE NOT SPECIFICALLY SET FORTH IN THIS RELEASE.
12.
SEVERABILITY.
IN THE EVENT THAT ANY PROVISION HEREOF BECOMES OR IS
DECLARED BY A COURT OF COMPETENT JURISDICTION TO BE ILLEGAL, UNENFORCEABLE OR
VOID, THIS RELEASE SHALL CONTINUE IN FULL FORCE AND EFFECT WITHOUT SAID
PROVISION.
13.
ENTIRE AGREEMENT.
THIS RELEASE,