him related to his lawful
performance of his duties during his employment with Employer, to the same
extent as during his employment, as provided for under the Employer's bylaws,
certificate of incorporpation, and directors and officers liability insurance.
PLEASE READ CAREFULLY. THIS AGREEMENT IS A LEGAL DOCUMENT AND INCLUDES A RELEASE
BY THE EMPLOYEE OF ALL KNOWN AND UNKNOWN CLAIMS, AS DETAILED IN THIS AGREEMENT,
THAT EMPLOYEE MAY HAVE AT THE TIME OF SIGNING OF THIS AGREEMENT.
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EMPLOYEE ACKNOWLEDGES AND AGREES THAT HE:
.
HAS HAD THE OPPORTUNITY TO TAKE A FULL TWENTY-ONE (21) DAYS WITHIN WHICH TO
CONSIDER THIS AGREEMENT BEFORE EXECUTING IT.
.
HAS CAREFULLY READ AND FULLY UNDERSTANDS ALL OF THE PROVISIONS OF THIS
AGREEMENT.
.
IS, THROUGH THIS AGREEMENT, RELEASING THE RELEASEES FROM ANY AND ALL CLAIMS HE
MAY HAVE AGAINST THE RELEASEES AS MORE FULLY SET FORTH ABOVE.
.
KNOWINGLY AND VOLUNTARILY AGREES TO ALL OF THE TERMS SET FORTH IN THIS
AGREEMENT.
.
KNOWINGLY AND VOLUNTARILY INTENDS TO BE LEGALLY BOUND BY THE SAME.
.
WAS ADVISED AND HEREBY IS ADVISED IN WRITING TO CONSIDER THE TERMS OF THIS
AGREEMENT AND TO CONSULT WITH AN ATTORNEY OF HIS CHOICE PRIOR TO EXECUTING THIS
AGREEMENT.
.
HAS A FULL SEVEN (7) DAYS FOLLOWING THE EXECUTION OF THIS AGREEMENT TO REVOKE
THE WAIVER AND RELEASE SET FORTH IN THIS AGREEMENT, IN WHICH CASE THIS AGREEMENT
SHALL BE NULL AND VOID.
.
UNDERSTANDS THAT RIGHTS OR CLAIMS THAT MAY ARISE AFTER THE EFFECTIVE DATE OF
THIS AGREEMENT, INCLUDING WITHOUT LIMITATION CLAIMS UNDER THE AGE DISCRIMINATION
IN EMPLOYMENT ACT, ARE NOT WAIVED.
THE EMPLOYEE DECLARES UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF
NEW YORK THAT THE FOREGOING IS TRUE AND CORRECT.
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IN WITNESS WHEREOF, the Employer and Employee have duly executed this Agreement
as of the date set forth below.
Employer:
E-Z-EM, Inc.
By: /s/ Peter J. Graham
Date:___________________________
Peter J. Graham
Senior Vice President-Chief Legal Officer,
Global Human Resources and Secretary
Employee:
/s/ Dennis J. Curtin
Date:___________________________
Dennis J. Curtin
Witness: /s/ Geraldine Curtin
(signature)
Geraldine Curtin
(print name of witness)
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