EMPLOYEE
BENEFIT (PENSION AND WELFARE) AND COMPENSATION PLANS WILL CEASE AS OF THE
SEPARATION DATE.
NOTHING CONTAINED HEREIN SHALL LIMIT OR OTHERWISE IMPAIR
EXECUTIVE'S RIGHT TO RECEIVE PENSION OR SIMILAR BENEFIT PAYMENTS WHICH ARE
VESTED AS OF THE SEPARATION DATE UNDER ANY APPLICABLE TAX QUALIFIED PENSION OR
OTHER TAX QUALIFIED OR NON-QUALIFIED BENEFIT PLANS, PURSUANT TO THE TERMS AND
CONDITIONS OF THE APPLICABLE PLAN.
SECTION 4.
MUTUAL RELEASE.
(A)
FOR VALUABLE CONSIDERATION, THE ADEQUACY OF
WHICH IS HEREBY ACKNOWLEDGED, EXECUTIVE ON BEHALF OF HIMSELF AND THE OTHER
EXECUTIVE RELEASORS (AS DEFINED BELOW) RELEASES AND FOREVER DISCHARGES THE
COMPANY AND THE OTHER COMPANY RELEASEES (AS DEFINED BELOW) FROM ANY AND ALL
CLAIMS (AS DEFINED BELOW) WHICH EXECUTIVE NOW HAS OR CLAIMS, OR MIGHT HEREAFTER
HAVE OR CLAIM, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED (OR THE OTHER
EXECUTIVE RELEASORS MAY HAVE, TO THE EXTENT THAT IT IS DERIVED FROM A CLAIM
WHICH EXECUTIVE MAY HAVE), AGAINST THE COMPANY RELEASEES BASED UPON OR ARISING
OUT OF ANY MATTER OR THING WHATSOEVER, FROM THE BEGINNING OF TIME TO THE
SEPARATION DATE AND SHALL INCLUDE, WITHOUT LIMITATION, CLAIMS ARISING OUT OF OR
RELATED TO EXECUTIVE'S EMPLOYMENT WITH THE COMPANY AND THE END THEREOF, THE
EMPLOYMENT AGREEMENT AND THE TERMINATION THEREOF AND CLAIMS ARISING UNDER (OR
ALLEGED TO HAVE ARISEN UNDER) (I) THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF
1967, AS AMENDED; (II) TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, AS AMENDED;
(III) THE CIVIL RIGHTS ACT OF 1991; (IV) SECTION 1981 THROUGH 1988 OF TITLE 42
OF THE UNITED STATES CODE, AS AMENDED; (V) THE EMPLOYEE RETIREMENT INCOME
SECURITY ACT OF 1974, AS AMENDED; (VI) THE IMMIGRATION REFORM AND CONTROL ACT OF
1986, AS AMENDED; (VII) THE AMERICANS WITH DISABILITIES ACT OF 1990, AS AMENDED;
(VIII) THE NATIONAL LABOR RELATIONS ACT, AS AMENDED; (IX) THE OCCUPATIONAL
SAFETY AND HEALTH ACT OF 1970, AS AMENDED; (X) ANY STATE OR LOCAL
ANTI-DISCRIMINATION LAW; (XI) ANY OTHER LOCAL, STATE OR FEDERAL LAW, REGULATION
OR ORDINANCE; (XII) ANY PUBLIC POLICY, CONTRACT, TORT, OR COMMON LAW; OR
(XIII) ANY ALLEGATION FOR COSTS, FEES, OR OTHER EXPENSES INCLUDING ATTORNEYS'
FEES INCURRED IN THESE MATTERS.
EXECUTIVE FURTHER RELEASES ANY RIGHTS TO
RECOVER DAMAGES OR OTHER PERSONAL RELIEF BASED ON ANY CLAIM OR CAUSE OF ACTION
FILED ON EXECUTIVE'S BEHALF IN COURT OR ANY AGENCY.
NOTWITHSTANDING THE ABOVE,
EXECUTIVE RELEASORS DO NOT RELEASE ANY CLAIM (I) DULY FILED PURSUANT TO THE
GROUP WELFARE AND RETIREMENT PLANS OF THE COMPANY, (II) DULY FILED PURSUANT TO
ANY POLICY OF LIABILITY INSURANCE OR THE COMPANY'S BY-LAWS AND (III) DULY FILED
WITH THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION OR ILLINOIS DEPARTMENT OF HUMAN
RIGHTS (OR PARTICIPATION IN ANY SUCH CLAIM); PROVIDED, HOWEVER, WITH RESPECT TO
THIS SUBPART (III), EXECUTIVE RELEASORS ACKNOWLEDGE THAT, BECAUSE THEY ARE
WAIVING ALL CLAIMS FOR MONETARY DAMAGES AND ANY OTHER FORM OF PERSONAL RELIEF IN
THIS AGREEMENT, EXECUTIVE RELEASORS MAY ONLY SEEK AND RECEIVE NON-PERSONAL FORMS
OF RELIEF THROUGH ANY SUCH CLAIM WITH A GOVERNMENT AGENCY.
NOTHING HEREIN
PRECLUDES EXECUTIVE RELEASORS