BETWEEN ME AND IT&E, I ON MY OWN BEHALF, AND ON
BEHALF OF MY GRANTEES, AGENTS, REPRESENTATIVES, HEIRS, DEVISEES, TRUSTEES,
ASSIGNS, ASSIGNORS, ATTORNEYS, OR ANY OTHER ENTITIES IN WHICH I HAVE AN INTEREST
(COLLECTIVELY "RELEASORS"), HEREBY RELEASE AND FOREVER DISCHARGE BY THIS
AGREEMENT, IT&E, AND EACH OF ITS PAST AND PRESENT AGENTS, EMPLOYEES,
REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, ATTORNEYS, ACCOUNTANTS,
INSURERS, ADVISORS, CONSULTANTS, AFFILIATES, ASSIGNS, SUCCESSORS, HEIRS,
PREDECESSORS IN INTEREST, JOINT VENTURES, AND SUBSIDIARY, AFFILIATE AND
COMMONLY-CONTROLLED ENTITIES (COLLECTIVELY "RELEASEES"), FROM ALL LIABILITIES,
CAUSES OF ACTIONS, CHARGES, COMPLAINTS, SUITS, CLAIMS, OBLIGATIONS, COSTS,
LOSSES, DAMAGES, RIGHTS, JUDGMENTS, ATTORNEYS' FEES, EXPENSES, BONDS, BILLS,
PENALTIES, FINES, AND ALL OTHER LEGAL RESPONSIBILITIES OF ANY FORM WHATSOEVER,
WHETHER KNOWN OR UNKNOWN, WHETHER SUSPECTED OR UNSUSPECTED, WHETHER FIXED OR
CONTINGENT, LIQUIDATED OR UNLIQUIDATED, INCLUDING BUT NOT LIMITED TO THOSE
ARISING FROM OR RELATED TO (I) MY EMPLOYMENT WITH, COMPENSATION BY AND/OR
SEPARATION FROM IT&E; AND (II) ANY ACTS OR OMISSIONS OCCURRING PRIOR TO THE DATE
OF THIS AGREEMENT BY ANY AND ALL RELEASEES, INCLUDING THOSE ARISING UNDER ANY
THEORY OF LAW, WHETHER COMMON, CONSTITUTIONAL, STATUTORY OR OTHER OF ANY
JURISDICTION, FOREIGN OR DOMESTIC, WHETHER KNOWN OR UNKNOWN, WHETHER IN LAW OR
IN EQUITY, WHICH THEY HAD OR MAY CLAIM TO HAVE AGAINST ANY OF THE RELEASEES.
RELEASORS SPECIFICALLY RELEASE CLAIMS UNDER ALL APPLICABLE STATE AND FEDERAL
LAWS, BASED ON AGE, SEX, PREGNANCY, RACE, COLOR, NATIONAL ORIGIN, MARITAL
STATUS, RELIGION, VETERAN STATUS, DISABILITY, SEXUAL ORIENTATION, MEDICAL
CONDITION, OR OTHER ANTI-DISCRIMINATION LAWS, INCLUDING, WITHOUT LIMITATION,
TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 AS AMENDED, THE AGE DISCRIMINATION IN
EMPLOYMENT ACT (TITLE 29, UNITED STATES CODE, SECTIONS 621, ET SEQ.) ("ADEA"),
THE AMERICANS WITH DISABILITIES ACT, THE FAIR LABOR STANDARDS ACT, THE FAMILY
MEDICAL LEAVE ACT, AND THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT, THE
CALIFORNIA WORKERS' COMPENSATION ACT, THE CALIFORNIA LABOR CODE, INCLUDING
SECTIONS 200, ET SEQ., 970 AND 132A, THE CALIFORNIA CIVIL CODE, AND THE
CALIFORNIA CONSTITUTION, AS WELL AS ALL COMMON LAW CLAIMS, WHETHER ARISING IN
TORT OR CONTRACT (COLLECTIVELY REFERRED TO AS "RELEASED MATTERS").
IF ANY
GOVERNMENTAL AGENCY SHOULD ASSUME JURISDICTION OVER ANY CLAIM, CHARGE OR
COMPLAINT CONCERNING ALLEGED DISCRIMINATION ARISING OUT OF MY EMPLOYMENT WITH
IT&E, RELEASORS ALSO WAIVE THE RIGHT TO RECOVER DAMAGES OR ANY OTHER REMEDY AS A
RESULT OF SUCH
A-1
CLAIM, CHARGE OR COMPLAINT.
I ACKNOWLEDGE AND AGREE THAT, FOLLOWING THE PAYMENT
OF THE SEVERANCE AMOUNT IN ACCORDANCE WITH SECTION 8 OF THE EMPLOYMENT
AGREEMENT, IT&E AND RELEASEES HAVE NO OTHER LIABILITIES OR OBLIGATIONS, OF ANY
KIND OR NATURE, OWED TO ME IN CONNECTION WITH OR RELATING TO MY EMPLOYMENT WITH
THE SAME.
I FURTHER AGREE AND PROMISE THAT I WILL NOT FILE ANY LAWSUIT OR
ADMINISTRATIVE CLAIM OR CHARGE ASSERTING ANY OF THE FOREGOING RELEASED MATTERS.
4.
RELEASE OF AGE DISCRIMINATION CLAIMS.
I UNDERSTAND THAT THE
GENERAL RELEASE IN SECTION 3 ABOVE INCLUDES A WAIVER OF RIGHTS AND CLAIMS WHICH
I MAY HAVE ARISING UNDER THE ADEA.
I HEREBY REPRESENT THAT I HAVE BEEN ADVISED
TO CONSULT