AMENDED,
OR ANY OTHER CLAIMS,
INCLUDING, WITHOUT LIMITATION, CLAIMS IN EQUITY - FOR ANY ACTIONS OR OMISSIONS
WHATSOEVER, WHETHER KNOWN OR UNKNOWN AND WHETHER CONNECTED WITH THE EMPLOYMENT
RELATIONSHIP BETWEEN EMPLOYEE AND ZALE, AND/OR THE CESSATION OF EMPLOYEE'S
EMPLOYMENT WITH ZALE, OR NOT, WHICH EXISTED OR MAY HAVE EXISTED PRIOR TO, OR
CONTEMPORANEOUSLY WITH, THE EXECUTION OF THIS AGREEMENT (COLLECTIVELY, THE
"RELEASED CLAIM(S)").
FURTHERMORE, TO THE EXTENT PERMITTED BY LAW, EMPLOYEE
FOREVER WAIVES, RELEASES, AND COVENANTS NOT TO SUE OR FILE OR ASSIST WITH SUING
OR FILING ANY COMPLAINT OR CLAIM AGAINST ANY RELEASEE WITH ANY COURT,
GOVERNMENTAL AGENCY OR OTHER ENTITY BASED ON A RELEASED CLAIM, WHETHER KNOWN OR
UNKNOWN AT THE TIME OF EXECUTION.
EMPLOYEE ALSO WAIVES ANY RIGHT TO RECOVER
FROM ANY RELEASEE IN A CIVIL SUIT BROUGHT BY ANY GOVERNMENTAL AGENCY OR ANY
OTHER INDIVIDUAL ON HIS BEHALF WITH RESPECT TO ANY RELEASED CLAIM.
THIS GENERAL
RELEASE COVERS BOTH CLAIMS THAT EMPLOYEE KNOWS ABOUT AND THOSE HE MAY NOT KNOW
ABOUT, EXCEPT THAT IT DOES NOT RELEASE ANY CLAIMS OR RIGHTS THAT EMPLOYEE MAY
HAVE UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967 (AND ANY AMENDMENTS
THERETO) THAT ARISE AFTER THE DATE EMPLOYEE SIGNS THIS AGREEMENT.
EMPLOYEE
REPRESENTS AND WARRANTS THAT HE HAS NOT ASSIGNED OR OTHERWISE TRANSFERRED, IN
WHOLE OR IN PART, ANY OR ALL OF THE CLAIMS RELEASED BY HIM HEREUNDER.
EMPLOYEE ACKNOWLEDGES THAT THE AMOUNT BEING PAID PURSUANT TO PARAGRAPH 7 OF THIS
AGREEMENT CONSTITUTES COMPLETE SATISFACTION AND FULL COMPENSATION FOR ANY AND
ALL ALLEGED UNPAID
SALARY, VACATION, SEVERANCE, HOURS WORKED.
2.
EMPLOYEE ACKNOWLEDGES AND AGREES THAT HE WILL KEEP THE
NEGOTIATIONS LEADING TO THIS AGREEMENT, AS WELL AS THE TERMS, AMOUNT, AND FACT
OF THIS AGREEMENT STRICTLY AND COMPLETELY CONFIDENTIAL, AND THAT HE WILL NOT
COMMUNICATE OR OTHERWISE DISCLOSE TO ANY EMPLOYEE OF ZALE (PAST, PRESENT, OR
FUTURE), OR TO ANY MEMBER OF THE GENERAL PUBLIC, THE TERMS, AMOUNTS, OR
EXISTENCE OF THIS AGREEMENT, EXCEPT AS MAY BE REQUIRED BY LAW OR COMPULSORY
PROCESS; PROVIDED, HOWEVER, DISCLOSURE OF THIS AGREEMENT AND ITS TERMS AND
CONDITIONS BY EMPLOYEE TO HIS TAX/FINANCIAL ADVISORS, SPOUSE, OR ATTORNEYS, EACH
OF WHOM OR WHICH AGREE TO MAINTAIN CONFIDENTIALITY, OR TO TAXING AUTHORITIES, OR
TO AN ARBITRATOR IN A PROCEEDING TO ENFORCE THE TERMS OF THIS AGREEMENT, SHALL
NOT BE A BREACH OF THIS AGREEMENT.
IF ASKED ABOUT ANY OF SUCH MATTERS,
EMPLOYEE'S RESPONSE SHALL BE THAT HE DOES NOT CARE TO DISCUSS ANY OF SUCH
MATTERS.
THE PARTIES AGREE THAT THIS PARAGRAPH IS A MATERIAL INDUCEMENT TO ZALE
ENTERING INTO THIS AGREEMENT.
ADDITIONALLY, THE PARTIES AGREE THAT ZALE MAY
ENFORCE THIS PARAGRAPH WITHOUT POSTING A BOND.
3.
EMPLOYEE EXPRESSLY ACKNOWLEDGES, AGREES, AND COVENANTS THAT HE
WILL NOT MAKE ANY PUBLIC OR PRIVATE STATEMENTS, COMMENTS, OR COMMUNICATION IN
ANY FORM, ORAL, WRITTEN, OR ELECTRONIC, WHICH IN ANY WAY COULD CONSTITUTE LIBEL,
SLANDER, OR DISPARAGEMENT OF ZALE OR ANY OTHER RELEASEE OR WHICH MAY BE
CONSIDERED TO BE DEROGATORY OR DETRIMENTAL TO THE GOOD NAME OR BUSINESS
REPUTATION