OF LAVELLE'S EMPLOYMENT ARE AMOUNTS THAT MEET THE REQUIREMENTS OF
CLAUSE (X) ABOVE.
IF THE PARTIES DETERMINE THAT PAYMENTS (OTHER THAN THOSE
DESCRIBED IN CLAUSE (X) AND (Y) OF THE INITIAL SENTENCE OF THIS PARAGRAPH
4(A)(I)) HEREUNDER FAIL TO SATISFY THE DISTRIBUTION REQUIREMENT OF SECTION
409A(A)(2)(A) OF THE CODE, THE PAYMENT OF SUCH BENEFIT SHALL BE DELAYED TO THE
MINIMUM EXTENT NECESSARY SO THAT SUCH PAYMENTS ARE NOT SUBJECT TO THE PROVISIONS
OF SECTION 409A(A)(L) OF THE CODE.
(II)
THE PARTIES ADDITIONALLY AGREE THAT THE REIMBURSEMENT FOR COSTS
INCURRED IN OBTAINING OUTPLACEMENT SERVICES PURSUANT TO SECTION 5(B)(2) OF THE
EMPLOYMENT AGREEMENT SHALL ONLY BE FOR COSTS INCURRED DURING THE LIMITED PERIOD
DESCRIBED IN SECTION 1.409A-1(B)(9)(V)(E) OF THE TREASURY REGULATIONS AND BE
PAID IN ACCORDANCE WITH SUCH REGULATION.
(B)
RESPONSE TO INQUIRIES.
MEDQUIST AGREES THAT, IN RESPONSE TO ANY
INQUIRIES REGARDING LAVELLE'S DEPARTURE, IT WILL ONLY PROVIDE THE INFORMATION
SET FORTH IN MEDQUIST'S MAY 14, 2007 PRESS RELEASE REGARDING LAVELLE'S DEPARTURE
FROM MEDQUIST, A TRUE AND CORRECT COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT
C.
LAVELLE SHALL DIRECT ANY INQUIRIES TO DONNA JACK AT (856) 206-4905 OR
DJACK@MEDQUIST.COM.
5.
NO OTHER COMPENSATION OR BENEFITS OWING.
LAVELLE UNDERSTANDS AND
AGREES THAT, EXCEPT AS OTHERWISE PROVIDED FOR IN THIS AGREEMENT AND AS MAY BE
REQUIRED BY THE EMPLOYMENT AGREEMENT, LAVELLE IS NOT AND WILL NOT BE DUE ANY
OTHER COMPENSATION OR BENEFITS FROM MEDQUIST.
6.
RELEASE BY LAVELLE.
IN CONSIDERATION OF THE COMPENSATION,
BENEFITS AND AGREEMENTS PROVIDED FOR PURSUANT TO THIS AGREEMENT AND THE
EMPLOYMENT AGREEMENT, THE SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, LAVELLE,
FOR HIMSELF AND FOR ANY PERSON WHO MAY CLAIM BY OR THROUGH HIM, RELEASES AND
FOREVER DISCHARGES MEDQUIST, AND ITS PAST, PRESENT AND FUTURE PARENTS,
SUBSIDIARIES, DIVISIONS, AFFILIATES, RELATED COMPANIES, PREDECESSORS,
SUCCESSORS, OFFICERS, DIRECTORS, ATTORNEYS, AGENTS, AND EMPLOYEES (THE
"RELEASEES"), FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION THAT LAVELLE HAD, HAS
OR MAY HAVE, RELATING TO LAVELLE'S EMPLOYMENT WITH AND/OR SEPARATION FROM
MEDQUIST, UP UNTIL THE DATE OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO,
ANY CLAIMS ARISING UNDER TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, AS AMENDED,
SECTION 1981 OF THE CIVIL RIGHTS ACT OF 1866, AS AMENDED, THE CIVIL RIGHTS ACT
OF 1991, AS AMENDED, THE FAMILY AND MEDICAL LEAVE ACT, THE AGE DISCRIMINATION IN
EMPLOYMENT ACT, AS AMENDED BY THE OLDER WORKERS BENEFIT PROTECTION ACT OF 1990
("ADEA"), THE AMERICANS WITH DISABILITIES ACT, THE EMPLOYEE RETIREMENT INCOME
SECURITY ACT ("ERISA); CLAIMS UNDER ANY OTHER FEDERAL, STATE OR LOCAL STATUTE,
REGULATION OR ORDINANCE; CLAIMS FOR DISCRIMINATION OR HARASSMENT OF ANY KIND,
BREACH OF CONTRACT OR PUBLIC POLICY, WRONGFUL OR RETALIATORY DISCHARGE,
DEFAMATION OR OTHER PERSONAL OR BUSINESS INJURY OF ANY KIND; CLAIMS FOR BREACH
OF ANY AGREEMENT BETWEEN LAVELLE AND MEDQUIST OR FOR ANY COMPENSATION OR
BENEFITS PROVIDED FOR PURSUANT TO ANY SUCH AGREEMENT; AND ANY AND ALL OTHER
CLAIMS TO ANY FORM OF LEGAL OR EQUITABLE RELIEF OR DAMAGES; ANY OTHER CLAIMS FOR
COMPENSATION OR BENEFITS; OR ANY CLAIMS FOR ATTORNEYS'