EMPLOYEE WILL PROVIDE ONLY TRUTHFUL TESTIMONY IF REQUIRED TO
DO SO, AND THAT ANY PAYMENT TO HIM IS SOLELY TO REIMBURSE HIS EXPENSES
AND
COSTS FOR COOPERATION WITH THE COMPANY.
NOTHING IN THIS PARAGRAPH 13 IS
INTENDED TO REQUIRE EMPLOYEE TO EXPEND AN UNREASONABLE PERIOD OF TIME IN
ACTIVITIES REQUIRED BY THIS PARAGRAPH.
14.
AMENDMENT.
THIS RELEASE MAY NOT BE ALTERED, AMENDED, OR MODIFIED
EXCEPT IN WRITING SIGNED BY BOTH THE EMPLOYEE AND THE COMPANY.
15.
JOINT PARTICIPATION.
THE PARTIES HERETO PARTICIPATED JOINTLY IN
THE NEGOTIATION AND PREPARATION OF THIS RELEASE, AND EACH PARTY HAS HAD THE
OPPORTUNITY TO OBTAIN THE ADVICE OF LEGAL COUNSEL AND TO REVIEW AND COMMENT UPON
THE RELEASE.
ACCORDINGLY, IT IS AGREED THAT NO RULE OF CONSTRUCTION SHALL APPLY
AGAINST ANY PARTY OR IN FAVOR OF ANY PARTY.
THIS RELEASE SHALL BE CONSTRUED AS
IF THE PARTIES JOINTLY PREPARED THIS RELEASE, AND ANY UNCERTAINTY OR AMBIGUITY
SHALL NOT BE INTERPRETED AGAINST ONE PARTY AND IN FAVOR OF THE OTHER.
16.
BINDING EFFECT; ASSIGNMENT.
THIS AGREEMENT AND THE VARIOUS RIGHTS
AND OBLIGATIONS ARISING HEREUNDER SHALL INURE TO THE BENEFIT OF AND BE BINDING
UPON THE PARTIES AND THEIR RESPECTIVE SUCCESSORS, HEIRS, REPRESENTATIVES AND
PERMITTED ASSIGNS.
NEITHER PARTY MAY ASSIGN ITS RESPECTIVE INTERESTS HEREUNDER
WITHOUT THE EXPRESS WRITTEN CONSENT OF THE OTHER PARTY.
17.
APPLICABLE LAW.
THIS RELEASE SHALL BE GOVERNED BY, AND CONSTRUED
IN ACCORDANCE WITH, THE LAWS OF THE STATE OF ILLINOIS, AND ANY COURT ACTION
COMMENCED TO ENFORCE THIS RELEASE SHALL HAVE AS ITS SOLE AND EXCLUSIVE VENUE THE
COUNTY OF COOK, ILLINOIS.
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18.
EXECUTION OF RELEASE.
THIS RELEASE MAY BE EXECUTED IN SEVERAL
COUNTERPARTS, EACH OF WHICH SHALL BE CONSIDERED AN ORIGINAL, BUT WHICH WHEN
TAKEN TOGETHER, SHALL CONSTITUTE ONE RELEASE.
PLEASE READ THIS AGREEMENT AND CAREFULLY CONSIDER ALL OF ITS PROVISIONS BEFORE
SIGNING IT.
THIS AGREEMENT CONTAINS A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS,
INCLUDING THOSE UNDER THE FEDERAL AGE DISCRIMINATION IN EMPLOYMENT ACT, AND
OTHER FEDERAL, STATE AND LOCAL LAWS PROHIBITING DISCRIMINATION IN EMPLOYMENT.
If Employee signs this Agreement less than 21 days after he receives it from the
Company, he confirms that he does so voluntarily and without any pressure or
coercion from anyone at the Company.
IN WITNESS WHEREOF, the Employee and the Company have voluntarily signed this
Agreement and General Release on the date set forth below.
iPCS, Inc.
By:
Its:
Employee
Date
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