final and binding upon the parties and shall be the
exclusive remedy for all Arbitrable Claims. Arbitration of Arbitrable Claims
shall be in accordance with the national Rules for the Resolution of Employment
Disputes of the American Arbitration Association, as amended, and as augmented
by this Agreement. Either party shall have the right to demand that the
Arbitrator bifurcate the issues of the validity and enforceability of this
Agreement for decision prior to consideration of any other issues raised. Either
party may bring an action in court to compel arbitration under this Release and
to enforce the arbitration award. Notwithstanding the foregoing, Company may
enforce in court, without prior resort to arbitration any provision of the
Release regarding confidential information, inventions, or covenants not to
compete or not to sue. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO
TRIAL BY JURY WITH REGARD TO ARBITRABLE CLAIMS.
20.
This Agreement may be executed in counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same
instrument.
I HAVE CAREFULLY READ AND UNDERSTAND THIS SETTLEMENT AGREEMENT AND GENERAL
RELEASE AND REALIZE THAT IT DEALS WITH MY LEGAL RIGHTS, INCLUDING MY LEGAL
RIGHTS TO PURSUE A CLAIM OF AGE DISCRIMINATION. I HAVE HAD AN ADEQUATE
OPPORTUNITY TO CONSIDER THIS AGREEMENT. I AM FULLY AWARE OF AND UNDERSTAND ITS
CONTENTS AND ITS LEGAL EFFECT, THAT THE PRECEDING PARAGRAPHS RECITE THE SOLE
CONSIDERATION FOR THIS AGREEMENT, AND THAT ALL AGREEMENTS AND UNDERSTANDINGS
BETWEEN ME AND COMPANY ARE INCLUDED HEREIN.
I HAVE BEEN ENCOURAGED TO CONSULT AN ATTORNEY OF MY OWN CHOICE IN THE
NEGOTIATION OF THIS AGREEMENT AND BEFORE EXECUTING THIS AGREEMENT AND HAVE BEEN
GIVEN ADEQUATE OPPORTUNITY TO REVIEW IT AND TO CONSULT WITH WHOMEVER I WISH
REGARDING ITS PROVISIONS.
I RECEIVED THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE ON SEPTEMBER 26, 2003
AND UNDERSTAND THAT I HAVE BEEN GIVEN UNTIL THE CLOSE OF BUSINESS ON OCTOBER 31,
2003 TO DECIDE WHETHER TO SIGN THIS AGREEMENT. I UNDERSTAND THAT I WILL HAVE AN
ADDITIONAL SEVEN DAYS FROM THE DATE OF SIGNING THIS AGREEMENT
DURING WHICH TO REVOKE IT, BY HAND DELIVERING OR FAXING WRITTEN NOTICE OF
REVOCATION TO THE COMPANY'S GENERAL COUNSEL. IF I DO NOT REVOKE IT, THE
AGREEMENT WILL BECOME FINAL AND BINDING. IF I SIGN THIS AGREEMENT BEFORE OCTOBER
31, 2003, I SHALL WAIVE THE RIGHT TO THE REVIEW PERIOD BUT WILL STILL HAVE THE
SEVEN DAYS REVOCATION PERIOD. IF I REVOKE THIS AGREEMENT, IT WILL BE VOID, I
WILL NOT BE ENTITLED TO RECEIVE ANY BENEFITS HEREUNDER, AND I WILL HAVE TO
RETURN TO THE COMPANY ANY BENEFITS ALREADY PAID HEREUNDER.
I UNDERSTAND THAT THE TERMS OF THIS AGREEMENT WILL NOT BECOME ENFORCEABLE UNTIL
THIS REVOCATION PERIOD HAS EXPIRED, AND I WILL NOT RECEIVE THE BENEFITS SET
FORTH ABOVE UNTIL AT LEAST EIGHT DAYS FOLLOWING THE DATE OF EXECUTION OF THE
AGREEMENT AND RELEASE. BENEFITS MAY BE MAILED TO ME.
I AGREE THAT THE PAYMENTS AND BENEFITS DESCRIBED IN