UNDER EXHIBIT A AND B THEREOF, OR THIS RELEASE.
THE EMPLOYEE FURTHER
ACKNOWLEDGES THAT HE IS AWARE THAT STATUTES EXIST THAT RENDER NULL AND VOID
RELEASES AND DISCHARGES OF ANY CLAIMS, RIGHTS, DEMANDS, LIABILITIES, ACTION AND
CAUSES OF ACTION WHICH ARE UNKNOWN TO THE RELEASING OR DISCHARGING PART AT THE
TIME OF EXECUTION OF THE RELEASE AND DISCHARGE.
THE EMPLOYEE HEREBY EXPRESSLY
WAIVES, SURRENDERS AND AGREES TO FOREGO ANY PROTECTION TO WHICH HE WOULD
OTHERWISE BE ENTITLED BY VIRTUE OF THE EXISTENCE OF ANY SUCH STATUTE IN ANY
JURISDICTION INCLUDING, BUT NOT LIMITED TO, THE STATE OF ILLINOIS.
4.
COVENANT NOT TO SUE.
THE EMPLOYEE
AGREES NOT TO BRING, FILE, CHARGE, CLAIM, SUE OR CAUSE, ASSIST, OR PERMIT TO BE
BROUGHT, FILED, CHARGED OR CLAIMED ANY ACTION, CAUSE OF ACTION, OR PROCEEDING
REGARDING OR IN ANY WAY RELATED TO ANY OF THE CLAIMS DESCRIBED IN PARAGRAPH 3
HEREOF, AND FURTHER AGREES THAT HIS RELEASE IS, WILL CONSTITUTE AND MAY BE
PLEADED AS, A BAR TO ANY SUCH CLAIM, ACTION, CAUSE OF ACTION OR PROCEEDING.
IF
ANY GOVERNMENT AGENCY OR COURT ASSUMES JURISDICTION OF ANY CHARGE, COMPLAINT, OR
CAUSE OF ACTION COVERED BY THIS RELEASE, THE EMPLOYEE WILL NOT SEEK AND WILL NOT
ACCEPT ANY PERSONAL EQUITABLE OR MONETARY RELIEF IN CONNECTION WITH SUCH
INVESTIGATION, CIVIL ACTION, SUIT OR LEGAL PROCEEDING.
5.
NO DISPARAGING, UNTRUE OR MISLEADING
STATEMENTS.
THE EMPLOYEE
REPRESENTS THAT HE HAS NOT MADE, AND AGREES THAT HE
WILL NOT MAKE, TO ANY THIRD PARTY ANY DISPARAGING, UNTRUE, OR MISLEADING WRITTEN
OR ORAL STATEMENTS ABOUT OR RELATING TO, RESPECTIVELY, THE COMPANY, ITS PRODUCTS
OR SERVICES (OR ABOUT OR RELATING TO ANY OFFICER, DIRECTOR, AGENT, EMPLOYEE, OR
OTHER PERSON ACTING ON THE COMPANY'S BEHALF), OR THE EMPLOYEE.
THE COMPANY
REPRESENTS THAT NONE OF ITS SENIOR OFFICERS OR MEMBERS OF ITS BOARD OF DIRECTORS
HAS MADE, AND WILL NOT MAKE, ANY DISPARAGING, UNTRUE, OR MISLEADING WRITTEN OR
ORAL STATEMENTS ABOUT OR RELATING TO THE EMPLOYEE.
6.
SEVERABILITY.
IF ANY PROVISION OF THIS
RELEASE SHALL BE FOUND BY A COURT TO BE INVALID OR UNENFORCEABLE, IN WHOLE OR IN
PART, THEN SUCH PROVISION SHALL BE CONSTRUED AND/OR MODIFIED OR RESTRICTED TO
THE EXTENT AND IN THE MANNER NECESSARY TO RENDER THE SAME
2
VALID AND ENFORCEABLE, OR SHALL BE DEEMED EXCISED FROM THIS RELEASE, AS THE CASE
MAY REQUIRE, AND THIS RELEASE SHALL BE CONSTRUED AND ENFORCED TO THE MAXIMUM
EXTENT PERMITTED BY LAW, AS IF SUCH PROVISION HAD BEEN ORIGINALLY INCORPORATED
HEREIN AS SO MODIFIED OR RESTRICTED, OR AS IF SUCH PROVISION HAD NOT BEEN
ORIGINALLY INCORPORATED HEREIN, AS THE CASE MAY BE.
THE PARTIES FURTHER AGREE
TO SEEK A LAWFUL SUBSTITUTE FOR ANY PROVISION FOUND TO BE UNLAWFUL; PROVIDED,
THAT, IF THE PARTIES ARE UNABLE TO AGREE UPON A LAWFUL SUBSTITUTE, THE PARTIES
DESIRE AND REQUEST THAT A COURT OR OTHER AUTHORITY CALLED UPON TO DECIDE THE
ENFORCEABILITY OF THIS RELEASE MODIFY THE RELEASE SO THAT, ONCE MODIFIED, THE
RELEASE WILL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY