EMPLOYMENT ACT, 29 U.S.C. § 621 ET SEQ. (AGE DISCRIMINATION); (3) SECTION 1981
OF THE CIVIL RIGHTS ACT OF 1866, 42 U.S.C. 1981 (RACE DISCRIMINATION); (4) THE
EQUAL PAY ACT OF 1963, 29 U.S.C. § 206 (EQUAL PAY); (5) THE CALIFORNIA FAIR
EMPLOYMENT AND HOUSING ACT, CAL. GOV'T. CODE §12900, ET SEQ. (DISCRIMINATION,
INCLUDING RACE, COLOR, NATIONAL ORIGIN, ANCESTRY, DISABILITY, MEDICAL CONDITION,
MARITAL STATUS, SEX, SEXUAL ORIENTATION; SEXUAL OR RACIAL HARASSMENT AND AGE);
(6) THE CALIFORNIA LABOR CODE § 200, ET SEQ. (SALARY, COMMISSION, COMPENSATION,
BENEFITS AND OTHER MATTERS); (7) THE FAIR LABOR STANDARDS ACT, 29 U.S.C. § 201,
ET SEQ. (WAGE AND HOUR MATTERS, INCLUDING OVERTIME PAY); (8) COBRA;
(9) EXECUTIVE ORDER 11141 (AGE DISCRIMINATION); (10) SECTION 503 OF THE
REHABILITATION ACT OF 1973, 29 U.S.C. § 701, ET SEQ. (DISABILITY
DISCRIMINATION); (11) THE EXECUTIVE RETIREMENT INCOME SECURITY ACT OF 1974, AS
AMENDED, 29 U.S.C. § 1001, ET SEQ. (EMPLOYEE BENEFITS); (12) TITLE I OF THE
AMERICANS WITH DISABILITIES ACT (DISABILITY DISCRIMINATION); (13) CALIFORNIA
LABOR CODE SECTION 132(A) (DISCRIMINATION BASED ON FILING A WORKERS'
COMPENSATION CLAIM); (14) CALIFORNIA CIVIL CODE § 1786, ET SEQ. (INVESTIGATION
REPORTS); (15) ANY APPLICABLE CALIFORNIA INDUSTRIAL WELFARE COMMISSION ORDER
(WAGE MATTERS); AND (16) OREGON REVISED STATUTES SECTION 659A.001, ET SEQ.
(EMPLOYMENT DISCRIMINATION AND OREGON FAMILY LEAVE ACT). NOTWITHSTANDING THE
FOREGOING, IT IS EXPRESSLY AGREED THAT EXECUTIVE DOES NOT HEREBY RELEASE (A) ANY
OF THE SURVIVING OBLIGATIONS, OR (B) ANY BREACH BY THE COMPANY OF THE TERMS OF
THIS AGREEMENT. THE MATTERS THAT ARE THE SUBJECT OF THE RELEASES REFERRED TO IN
THIS PARAGRAPH 4 OF THIS AGREEMENT SHALL BE REFERRED TO COLLECTIVELY AS THE
"RELEASED MATTERS".
5.
ACKNOWLEDGEMENTS RELATED TO ADEA.
EXECUTIVE UNDERSTANDS AND ACKNOWLEDGES THAT:
(A)
THIS AGREEMENT CONSTITUTES A VOLUNTARY WAIVER OF
ANY AND ALL RIGHTS AND CLAIMS HE HAS AGAINST THE COMPANY AS OF THE DATE OF THE
EXECUTION OF THIS AGREEMENT, INCLUDING RIGHTS OR CLAIMS ARISING UNDER THE
FEDERAL AGE DISCRIMINATION IN EMPLOYMENT ACT, 29 U.S.C. 621, ET SEQ.
(B)
HE HAS WAIVED RIGHTS OR CLAIMS PURSUANT TO THIS
AGREEMENT AND IN EXCHANGE FOR CONSIDERATION, THE VALUE OF WHICH EXCEEDS PAYMENT
OR REMUNERATION TO WHICH EXECUTIVE WAS ALREADY ENTITLED.
4
(C)
HE IS HEREBY ADVISED THAT HE MAY CONSULT WITH AN
ATTORNEY OF HIS CHOOSING CONCERNING THIS AGREEMENT PRIOR TO EXECUTING IT.
(D)
HE HAS BEEN AFFORDED A PERIOD OF AT LEAST TWENTY ONE
(21) DAYS TO CONSIDER THE TERMS OF THIS AGREEMENT, AND IN THE EVENT HE SHOULD
DECIDE TO EXECUTE THIS AGREEMENT IN FEWER THAN TWENTY ONE (21) DAYS, HE HAS DONE
SO WITH THE EXPRESS UNDERSTANDING THAT HE HAS BEEN GIVEN AND DECLINED THE
OPPORTUNITY TO CONSIDER THIS AGREEMENT FOR A FULL TWENTY ONE (21) DAYS.
(E)
HE MAY REVOKE THIS AGREEMENT AT ANY TIME DURING THE
SEVEN (7) DAYS FOLLOWING THE DATE OF EXECUTION OF THIS AGREEMENT, AND THIS
AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL SUCH REVOCATION PERIOD
HAS EXPIRED.
6.
TRANSITION AND CONSULTING. EXECUTIVE
FURTHER AGREES THAT:
(A)
TRANSITION. EACH OF THE