ANY FEDERAL, STATE OR LOCAL
STATUTE, ORDINANCE, JUDICIAL PRECEDENT OR EXECUTIVE ORDER, INCLUDING BUT NOT
LIMITED TO CLAIMS FOR DISCRIMINATION UNDER THE FOLLOWING STATUTES: TITLE VII OF
THE CIVIL RIGHTS ACT OF 1964, 42 U.S.C. 2000 ET SEQ., THE CIVIL RIGHTS ACT OF
1866, 42 U.S.C. 1981, AND ANY SIMILAR ACT UNDER APPLICABLE STATE LAWS; (IV)
UNDER ANY FEDERAL OR STATE STATUTE RELATING TO EMPLOYEE BENEFITS OR PENSIONS;
(V) IN TORT (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR MISREPRESENTATION,
DEFAMATION, INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE,
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS AND NEGLIGENCE); (VI) ATTORNEY'S
FEES AND COSTS; AND (VII) AGE DISCRIMINATION OR OTHER CLAIMS UNDER THE AGE
DISCRIMINATION IN EMPLOYMENT ACT, AS AMENDED, 29 U.S.C. 621 ET SEQ., THE OLDER
WORKERS BENEFIT PROTECTION ACT, THE REHABILITATION ACT OF 1972, AS AMENDED, 29
U.S.C. 701 ET SEQ. OR ANY SIMILAR ACT UNDER APPLICABLE STATE LAWS, RULES AND
REGULATIONS.
6.
EMPLOYEE AGREES AND ACKNOWLEDGES THAT
THIS SEPARATION AGREEMENT IS A FULL AND FINAL GENERAL RELEASE OF ALL CLAIMS,
INCLUDING, BUT NOT LIMITED TO UNKNOWN, UNANTICIPATED, AND UNDISCLOSED LOSSES,
WRONGS, INJURIES, CLAIMS AND DAMAGES THAT ARISE WHOLLY OR IN PART FROM ANY ACT
OR OMISSION OCCURRING BEFORE THIS SEPARATION AGREEMENT BECOMES EFFECTIVE, AND
THAT THIS CONSTITUTES AN ESSENTIAL TERM OF THIS SEPARATION AGREEMENT. THEREFORE,
EMPLOYEE AGREES AND ACKNOWLEDGES THAT THIS SEPARATION AGREEMENT WAIVES AND
RELEASES ANY CLAIMS WHICH WOULD OTHERWISE BE PRESERVED BY OPERATION OF SECTION
1542 OF THE CALIFORNIA CIVIL CODE, WHICH PROVIDES: "A GENERAL RELEASE DOES NOT
EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR
HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN TO HIM OR HER
MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
7.
EMPLOYEE AGREES AND ACKNOWLEDGES THE
SIGNIFICANCE AND CONSEQUENCE OF THIS SEPARATION AGREEMENT AND OF EACH SPECIFIC
RELEASE AND WAIVER, AND EXPRESSLY AGREES THAT THIS SEPARATION AGREEMENT SHALL BE
GIVEN FULL FORCE AND EFFECT ACCORDING TO EACH AND ALL OF ITS EXPRESS TERMS AND
PROVISIONS, INCLUDING THOSE RELATING TO UNKNOWN AND UNSUSPECTED CLAIMS, DEMANDS,
OBLIGATIONS, AND CAUSES OF ACTION, IF ANY, AS WELL AS THOSE RELATING TO ANY
OTHER CLAIMS, DEMANDS, OBLIGATIONS OR CAUSES OF ACTION HEREIN ABOVE-SPECIFIED.
8.
ALL REMEDIES AT LAW OR IN EQUITY SHALL
BE AVAILABLE FOR THE ENFORCEMENT OF THIS SEPARATION AGREEMENT. THIS SEPARATION
AGREEMENT MAY BE PLEADED AS A FULL BAR TO THE ENFORCEMENT OF ANY CLAIM WHICH
EMPLOYEE MAY HAVE AGAINST THE COMPANY. IF EMPLOYEE VIOLATES THE RELEASE
CONTAINED HEREIN, IN ADDITION TO ALL OTHER LEGAL AND EQUITABLE REMEDIES
AVAILABLE TO THE COMPANY, EMPLOYEE UNDERSTANDS AND AGREES THAT ANY SUCH
VIOLATION OF THE TERMS OF THIS SEPARATION AGREEMENT SHALL RESULT IN IMMEDIATE
TERMINATION OF THE COMPANY'S OBLIGATION TO MAKE FURTHER PAYMENT(S) UNDER THIS
SEPARATION AGREEMENT.
9.
EMPLOYEE AGREES AND ACKNOWLEDGES THAT
NEITHER THE EXECUTION OF THIS SEPARATION AGREEMENT BY THE COMPANY, NOR THE TERMS
HEREOF CONSTITUTE AN ADMISSION BY THE
2
Company of liability with respect to any possible Claim which