OF THE PAYMENTS DESCRIBED HEREIN.
D.
AZADEH UNDERSTANDS AND AGREES THAT DURING THE PERIOD FROM HER
SEPARATION DATE TO HER TERMINATION DATE, SHE SHALL NOT BE AN EXECUTIVE OFFICER
OF THE COMPANY, SHALL NOT BE AUTHORIZED TO ACT ON BEHALF OF THE COMPANY, AND
SHALL NOT REPRESENT HERSELF TO ANY THIRD PARTY AS A REPRESENTATIVE
2
AUTHORIZED TO ACT ON BEHALF OF THE COMPANY.
AZADEH SHALL NOT REPORT TO WORK
DURING THIS PERIOD, BUT SHALL BE AVAILABLE TO ASSIST THE COMPANY IF THE COMPANY
REQUESTS HER ASSISTANCE.
E.
AZADEH ALSO AGREES TO COOPERATE WITH THE COMPANY REGARDING ANY
PENDING OR SUBSEQUENTLY FILED LITIGATION, CLAIMS, OR OTHER DISPUTES INVOLVING
ALIGN THAT RELATE TO MATTERS WITHIN THE KNOWLEDGE OR RESPONSIBILITY OF AZADEH
DURING HER EMPLOYMENT WITH ALIGN.
WITHOUT LIMITING THE FOREGOING, AZADEH AGREES
(I) TO MEET WITH COMPANY REPRESENTATIVES, ITS COUNSEL, OR OTHER DESIGNEES AT
MUTUALLY CONVENIENT TIMES AND PLACES WITH RESPECT TO ANY ITEMS WITHIN THE SCOPE
OF THIS PROVISION; (II) TO PROVIDE TRUTHFUL TESTIMONY REGARDING SAME TO ANY
COURT, AGENCY, OR OTHER ADJUDICATORY BODY; AND (III) TO PROVIDE THE COMPANY WITH
NOTICE OF CONTACT BY ANY ADVERSE PARTY OR SUCH ADVERSE PARTY'S REPRESENTATIVE,
EXCEPT AS MAY BE REQUIRED BY LAW.
AZADEH SHALL ALSO COMPLY WITH REASONABLE
REQUESTS FOR INFORMATION THAT RELATE TO MATTERS WITH THE KNOWLEDGE OR
RESPONSIBILITY OF AZADEH DURING HER EMPLOYMENT.
ALIGN WILL REIMBURSE AZADEH FOR
ALL REASONABLE EXPENSES IN CONNECTION WITH THE COOPERATION DESCRIBED IN THIS
PARAGRAPH.
3.
THIS AGREEMENT, ALL OF ITS TERMS, AND ALL OF THE OBLIGATIONS OF
THE COMPANY CONTAINED HEREIN ARE EXPRESSLY CONTINGENT UPON THE CONDITION THAT
AZADEH DOES NOT EXERCISE HER RIGHT OF REVOCATION AS DESCRIBED IN SUBPARAGRAPH
(G) OF PARAGRAPH 7 BELOW.
4.
AZADEH REPRESENTS THAT SHE WILL NOT FILE (OR ASK OR ALLOW ANYONE
TO FILE ON HER BEHALF), ANY CHARGE, COMPLAINT, CLAIM OR LAWSUIT OF ANY KIND IN
CONNECTION WITH ANY CLAIM RELEASED BY THIS AGREEMENT.
THIS PROVISION SHALL NOT
APPLY, HOWEVER, TO ANY NON-WAIVABLE CHARGES OR CLAIMS BROUGHT BEFORE ANY
GOVERNMENTAL AGENCY.
WITH RESPECT TO ANY SUCH NON-WAIVABLE CLAIMS, AZADEH
AGREES TO WAIVE HER RIGHT (IF ANY) TO ANY MONETARY OR OTHER RECOVERY SHOULD ANY
GOVERNMENTAL AGENCY OR OTHER THIRD PARTY PURSUE ANY CLAIMS ON HER BEHALF, EITHER
INDIVIDUALLY, OR AS PART OF ANY COLLECTIVE ACTION.
NOTHING HEREIN SHALL
PRECLUDE ANY CLAIM AZADEH MAY FILE ALLEGING THAT THE WAIVER OF CLAIMS UNDER THE
AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967 ("ADEA") WAS NOT KNOWING OR
VOLUNTARY.
LIKEWISE, NOTHING HEREIN SHALL PRECLUDE AZADEH FROM MAKING ANY
CLAIMS FOR WORKERS' COMPENSATION BENEFITS, UNEMPLOYMENT BENEFITS,
INDEMNIFICATION OR REIMBURSEMENT FOR BUSINESS EXPENSES UNDER LABOR CODE SECTION
2802, OR ANY OTHER CLAIMS THAT CANNOT BE WAIVED BY PRIVATE AGREEMENT UNDER
APPLICABLE LAWS.
WITH REGARD TO CLAIMS UNDER SECTION 2802, EMPLOYEE
ACKNOWLEDGES AND AGREES THAT SHE HAS CONDUCTED A REASONABLE INVESTIGATION AND IS
UNAWARE OF ANY INDEMNIFICATION CLAIMS THAT HAVE NOT BEEN DISCLOSED IN WRITING TO
THE COMPANY.
5.
AZADEH WITHOUT LIMITATION HEREBY IRREVOCABLY AND UNCONDITIONALLY
RELEASES AND FOREVER DISCHARGES THE COMPANY, ITS