AGREES THAT PRIOR TO
THE EMPLOYEE'S OR HIS/HER DEPENDENTS' RIGHT TO RECEIVE FROM THE COMPANY ANY
COMPENSATION OR BENEFIT TO BE PAID OR PROVIDED TO HIM/HER OR HIS/HER DEPENDENTS
PURSUANT TO SECTION 3 OF THIS AGREEMENT, THE EMPLOYEE MAY BE REQUIRED BY THE
COMPANY, IN ITS SOLE DISCRETION, TO EXECUTE A RELEASE IN A FORM REASONABLY
ACCEPTABLE TO THE COMPANY, WHICH RELEASES ANY AND ALL CLAIMS (OTHER THAN AMOUNTS
TO BE PAID TO EMPLOYEE AS EXPRESSLY PROVIDED FOR UNDER THIS AGREEMENT) THE
EMPLOYEE HAS OR MAY HAVE AGAINST THE COMPANY OR ITS
13
SUBSIDIARIES, AGENTS, OFFICERS, DIRECTORS, SUCCESSORS OR ASSIGNS
ARISING UNDER ANY PUBLIC POLICY, TORT OR COMMON LAW OR ANY PROVISION OF STATE,
FEDERAL OR LOCAL LAW, INCLUDING, BUT NOT LIMITED TO, THE PENNSYLVANIA HUMAN
RELATIONS ACT, THE AMERICANS WITH DISABILITIES ACT, TITLE VII OF THE CIVIL
RIGHTS ACT OF 1964, THE CIVIL RIGHTS PROTECTION ACT, FAMILY AND MEDICAL LEAVE
ACT, THE FAIR LABOR STANDARDS ACT, THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF
1967, OR THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, ALL AS AMENDED.
14.
WAIVER. THE WAIVER BY A PARTY HERETO OF ANY BREACH BY THE OTHER
PARTY HERETO OF ANY PROVISION OF THIS AGREEMENT SHALL NOT OPERATE OR BE
CONSTRUED AS A WAIVER OF ANY SUBSEQUENT BREACH BY A PARTY HERETO.
15.
ASSIGNMENT. THIS AGREEMENT SHALL BE BINDING UPON AND INURE TO THE
BENEFIT OF THE SUCCESSORS AND ASSIGNS OF THE COMPANY. THE COMPANY SHALL BE
OBLIGATED TO REQUIRE ANY SUCCESSOR (WHETHER DIRECT OR INDIRECT, BY PURCHASE,
MERGER, CONSOLIDATION OR OTHERWISE) TO ALL OR SUBSTANTIALLY ALL OF THE COMPANY'S
BUSINESS OR ASSETS, BY A WRITTEN AGREEMENT IN FORM AND SUBSTANCE SATISFACTORY TO
THE EMPLOYEE, TO EXPRESSLY ASSUME AND AGREE TO PERFORM THIS AGREEMENT IN THE
SAME MANNER AND TO THE SAME EXTENT THAT THE COMPANY WOULD BE REQUIRED TO PERFORM
IF NO SUCCESSION HAD TAKEN PLACE. THIS AGREEMENT SHALL INURE TO THE EXTENT
PROVIDED HEREUNDER TO THE BENEFIT OF AND BE ENFORCEABLE BY THE EMPLOYEE OR
HIS/HER LEGAL REPRESENTATIVES, EXECUTORS, ADMINISTRATORS, SUCCESSORS, HEIRS,
DISTRIBUTEES, DEVISEES AND LEGATEES. THE EMPLOYEE MAY NOT DELEGATE ANY OF
HIS/HER DUTIES, RESPONSIBILITIES, OBLIGATIONS OR POSITIONS HEREUNDER TO ANY
PERSON AND ANY SUCH PURPORTED DELEGATION BY HIM SHALL BE VOID AND OF NO FORCE
AND EFFECT WITH RESPECT TO MATTERS RELATING TO HIS/HER EMPLOYMENT AND
TERMINATION OF EMPLOYMENT. WITHOUT LIMITING THE FOREGOING, THE EMPLOYEE'S RIGHTS
TO RECEIVE PAYMENTS AND BENEFITS HEREUNDER SHALL NOT BE ASSIGNABLE OR
TRANSFERABLE, OTHER THAN A TRANSFER BY EMPLOYEE'S WILL OR BY THE LAWS OF DESCENT
AND DISTRIBUTION.
16.
NOTICES. ANY NOTICES REQUIRED OR PERMITTED TO BE GIVEN UNDER THIS
AGREEMENT SHALL BE SUFFICIENT IF IN WRITING, AND IF PERSONALLY DELIVERED OR WHEN
SENT BY FIRST CLASS CERTIFIED OR REGISTERED MAIL, POSTAGE PREPAID, RETURN
RECEIPT REQUESTED - IN THE CASE OF THE EMPLOYEE, TO HIS/HER RESIDENCE ADDRESS AS
SET FORTH BELOW, AND IN THE CASE OF THE COMPANY, TO THE ADDRESS OF ITS PRINCIPAL
PLACE OF BUSINESS AS SET FORTH BELOW, IN CARE OF THE CHAIRMAN