Company immediately to recover and
cease the benefits provided to Employee under this Agreement.
F.
ACKNOWLEDGEMENT OF WAIVER OF CLAIMS
UNDER ADEA. EMPLOYEE ACKNOWLEDGES THAT HE IS WAIVING AND RELEASING ANY RIGHTS HE
MAY HAVE UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967 ("ADEA") AND
THAT THIS WAIVER AND RELEASE IS KNOWING AND VOLUNTARY. EMPLOYEE AND THE COMPANY
AGREE THAT THIS WAIVER AND RELEASE DOES NOT APPLY TO ANY RIGHTS OR CLAIMS THAT
MAY ARISE UNDER ADEA AFTER THE EFFECTIVE DATE OF THIS AGREEMENT. EMPLOYEE
ACKNOWLEDGES THAT THE CONSIDERATION GIVEN FOR THIS WAIVER AND RELEASE AGREEMENT
IS IN ADDITION TO ANYTHING OF VALUE TO WHICH EMPLOYEE WAS ALREADY ENTITLED.
EMPLOYEE FURTHER ACKNOWLEDGES THAT HE HAS BEEN ADVISED BY THIS WRITING THAT:
(A)
HE SHOULD CONSULT WITH AN ATTORNEY PRIOR TO
EXECUTING THIS AGREEMENT;
(B)
HE HAS UP TO TWENTY-ONE (21) DAYS WITHIN
WHICH TO CONSIDER THIS AGREEMENT;
(C)
HE HAS SEVEN (7) DAYS FOLLOWING HIS
EXECUTION OF THIS AGREEMENT TO REVOKE THE AGREEMENT;
(D)
THIS AGREEMENT SHALL NOT BE EFFECTIVE UNTIL
THE REVOCATION PERIOD HAS EXPIRED; AND
(E)
NOTHING IN THIS AGREEMENT PREVENTS OR
PRECLUDES EMPLOYEE FROM CHALLENGING OR SEEKING A DETERMINATION IN GOOD FAITH OF
THE VALIDITY OF THIS WAIVER UNDER THE ADEA, NOR DOES IT IMPOSE ANY CONDITION
PRECEDENT, PENALTIES OR COSTS FOR DOING SO, UNLESS SPECIFICALLY AUTHORIZED BY
FEDERAL LAW.
G.
CIVIL CODE SECTION 1542. EMPLOYEE
REPRESENTS THAT HE IS NOT AWARE OF ANY CLAIM OTHER THAN THE CLAIMS THAT ARE
RELEASED BY THIS AGREEMENT. EMPLOYEE ACKNOWLEDGES THAT HE HAS BEEN ADVISED BY
LEGAL COUNSEL AND IS FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE
SECTION 1542, WHICH PROVIDES AS FOLLOWS:
4
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH
IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH
THE DEBTOR.
Employee, being aware of said code section, agrees to expressly waive any rights
he may have thereunder, as well as under any other statute or common law
principles of similar effect.
H.
NO PENDING OR FUTURE LAWSUITS. THE
EMPLOYEE REPRESENTS THAT HE HAS NO LAWSUITS, CLAIMS, OR ACTIONS PENDING IN HIS
NAME, OR ON BEHALF OF ANY OTHER PERSON OR ENTITY, AGAINST THE COMPANY OR ANY
OTHER PERSON OR ENTITY REFERRED TO HEREIN. THE EMPLOYEE ALSO REPRESENTS THAT HE
DOES NOT INTEND TO BRING ANY CLAIMS ON HIS BEHALF OR ON BEHALF OF ANY OTHER
PERSON OR ENTITY AGAINST THE COMPANY OR ANY OTHER PERSON OR ENTITY REFERRED TO
HEREIN.
I.
CONFIDENTIALITY. THE PARTIES
ACKNOWLEDGE THAT THEIR AGREEMENT TO KEEP THE TERMS AND CONDITIONS OF THIS
AGREEMENT CONFIDENTIAL WAS A MATERIAL FACTOR ON WHICH ALL PARTIES RELIED IN
ENTERING INTO THIS AGREEMENT. THE PARTIES HERETO AGREE TO USE THEIR BEST EFFORTS
TO MAINTAIN IN CONFIDENCE THE EXISTENCE OF THIS AGREEMENT, THE CONTENTS AND
TERMS OF THIS AGREEMENT, THE CONSIDERATION FOR THIS AGREEMENT, AND ANY
ALLEGATIONS