ORDERS AND LIABILITIES, OF WHATEVER KIND OR
NATURE, DIRECT OR INDIRECT, IN LAW, EQUITY OR OTHERWISE, WHETHER KNOWN OR
UNKNOWN, ARISING AT ANY TIME, UP TO AND INCLUDING THE DATE OF THIS RELEASE. THIS
GENERAL RELEASE COVERS AND INCLUDES, AND THEREFORE RELEASES (WITHOUT LIMITATION)
ALL CLAIMS ARISING FROM OR RELATING TO THE EMPLOYEE'S EMPLOYMENT WITH THE
COMPANY, THE TERMINATION OF HIS/HER EMPLOYMENT WITH THE COMPANY, OR ANY ACT OR
OMISSION PROVIDED FOR OR AUTHORIZED BY THIS RELEASE. AMONG THE SPECIFIC CLAIMS
THAT THE EMPLOYEE IS RELEASING BY SIGNING THIS RELEASE ARE (WITHOUT LIMITATION)
THE FOLLOWING: ALL CLAIMS ARISING UNDER (I) ANY LAW PROHIBITING DISCRIMINATION
ON THE BASIS OF ANY PROTECTED CHARACTERISTIC (SUCH AS AGE, RACE, SEX, NATIONAL
ORIGIN, RELIGION, AND DISABILITY STATUS), INCLUDING (BUT NOT LIMITED TO) ALL
CLAIMS ARISING UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT ("ADEA"), TITLE
VII OF THE CIVIL RIGHTS ACT OF 1964, THE AMERICANS WITH DISABILITIES ACT, AND
ANY SIMILAR STATE AND LOCAL LAWS, INCLUDING (BUT NOT LIMITED TO) THE CALIFORNIA
FAIR EMPLOYMENT AND HOUSING ACT; (II) ANY LAW GOVERNING THE PAYMENT OF WAGES OR
THE PROVISION OF EMPLOYEE BENEFITS, INCLUDING (BUT NOT LIMITED TO) THE EMPLOYEE
RETIREMENT INCOME SECURITY ACT, THE CALIFORNIA LABOR CODE, AND THE CALIFORNIA
WORKERS' COMPENSATION ACT; (III) THE
A-1
COMMON LAW OF ANY JURISDICTION, INCLUDING (BUT NOT LIMITED TO) ALL CLAIMS FOR
BREACH OF CONTRACT, WRONGFUL TERMINATION OR DISCHARGE, INFLICTION OF EMOTIONAL
DISTRESS, FRAUD, NEGLIGENCE, AND DEFAMATION; AND (IV) ANY OTHER LAW (OR CAUSE OF
ACTION), WHETHER FEDERAL, STATE, OR LOCAL, GOVERNING THE EMPLOYMENT
RELATIONSHIP, INCLUDING (WITHOUT LIMITATION) THE FAMILY AND MEDICAL LEAVE ACT."
2.2.
EXECUTIVE EXPRESSLY REPRESENTS THAT HE HAS NOT
FILED A LAWSUIT OR INITIATED ANY OTHER PROCEEDING AGAINST ANY RELEASED PERSON
AND THAT HE HAS NOT ASSIGNED ANY CLAIM AGAINST A RELEASED PERSON TO ANY OTHER
PERSON OR ENTITY. EXECUTIVE FURTHER PROMISES NOT TO INITIATE, JOIN, OR ACCEPT
ANY RELIEF IN A LAWSUIT OR ANY OTHER PROCEEDING AGAINST ANY RELEASED PERSON
ASSERTING ANY CLAIMS RELEASED BY THIS RELEASE.
2.3.
THIS RELEASE WILL NOT PREVENT EXECUTIVE FROM
FILING A CHARGE WITH THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION OR
PARTICIPATING IN ANY INVESTIGATION CONDUCTED BY THE EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION; PROVIDED, HOWEVER, THAT ANY CLAIMS BY EXECUTIVE FOR PERSONAL RELIEF
IN CONNECTION WITH SUCH A CHARGE OR INVESTIGATION (SUCH AS REINSTATEMENT OR
MONETARY DAMAGES) WOULD BE BARRED.
2.4.
EXECUTIVE ACKNOWLEDGES THAT HE IS FAMILIAR
WITH AND EXPRESSLY WAIVES ALL RIGHTS AFFORDED BY SECTION 1542 OF THE CIVIL CODE
OF THE STATE OF CALIFORNIA ("SECTION 1542"). SECTION 1542 READS SUBSTANTIALLY AS
FOLLOWS:
A general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if
known by him must have materially affected his settlement with the debtor.
NOTWITHSTANDING THE PROVISIONS OF SECTION 1542, AND FOR THE PURPOSE OF
IMPLEMENTING A FULL AND COMPLETE RELEASE, EXECUTIVE UNDERSTANDS AND AGREES THAT
THIS RELEASE IS INTENDED TO INCLUDE ALL CLAIMS DESCRIBED ABOVE THAT HE MAY HAVE,