LIMITED TO, ACTIONS IN TORT, DEFAMATION
AND BREACH OF CONTRACT, AND ANY CLAIM OR DAMAGE ARISING OUT OF THE EXECUTIVE'S
EMPLOYMENT WITH OR SEPARATION FROM THE COMPANY (INCLUDING ALL CLAIMS FOR
RETALIATION) UNDER ANY COMMON LAW THEORY OR ANY FEDERAL, STATE OR LOCAL STATUTE
OR ORDINANCE NOT EXPRESSLY REFERENCED ABOVE; PROVIDED, HOWEVER, THAT NOTHING IN
THIS AGREEMENT PREVENTS THE EMPLOYEE FROM FILING, COOPERATING WITH, OR
PARTICIPATING IN ANY PROCEEDING BEFORE THE EEOC OR STATE FAIR EMPLOYMENT
PRACTICES AGENCY (EXCEPT THAT THE EMPLOYEE ACKNOWLEDGES THAT HE MAY NOT BE ABLE
TO RECOVER ANY MONETARY BENEFITS IN CONNECTION WITH ANY SUCH CLAIM, CHARGE OR
PROCEEDING).
C)
THE EMPLOYEE EXPRESSLY ACKNOWLEDGES AND RECITES THAT
HE:
(A) ENTERED INTO THIS GENERAL RELEASE KNOWINGLY AND VOLUNTARILY; (B)
HAS
READ AND UNDERSTANDS THIS GENERAL RELEASE IN ITS ENTIRETY; (C) HAS BEEN ADVISED
ORALLY AND IS HEREBY ADVISED IN WRITING TO CONSULT WITH AN ATTORNEY WITH RESPECT
TO THIS GENERAL RELEASE BEFORE SIGNING IT; (D) HAS OR HAS NOT
SOUGHT COUNSEL OF
ANY ATTORNEY IN EMPLOYEE'S SOLE DISCRETION, AND (E) HAS NOT BEEN FORCED TO SIGN
THIS GENERAL RELEASE BY ANY EMPLOYEE OR AGENT OF THE COMPANY.
D)
THE EMPLOYEE EXPRESSLY ACKNOWLEDGES THAT THE COMPANY
HAS OFFERED THE EMPLOYEE TWENTY-ONE (21) DAYS IN WHICH TO CONSIDER THIS GENERAL
RELEASE (THE "CONSIDERATION PERIOD").
FOR A PERIOD OF SEVEN (7) DAYS FROM THE
DATE OF THE EXECUTION OF THIS GENERAL RELEASE, THE EMPLOYEE HAS THE RIGHT
TO REVOKE THIS, AND FOR PURPOSES OF THIS AGREEMENT, THIS PERIOD IS DEFINED AS
THE "REVOCATION PERIOD."
THE PARTIES AGREE THAT THIS GENERAL RELEASE SHALL NOT
BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE SEVEN (7) DAY REVOCATION PERIOD HAS
EXPIRED.
THE EXECUTED GENERAL RELEASE SHALL BE EFFECTIVE TO COMMENCE THE
REVOCATION PERIOD, AND ANY NOTICE OF REVOCATION OF THIS GENERAL RELEASE SHALL BE
EFFECTIVE WHEN HAND DELIVERED OR WHEN SENT BY CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, ADDRESSED TO GERALD GORMLEY, VICE PRESIDENT OF HUMAN RESOURCES, 25
GREENS HILL LANE, RUTLAND, VT
05701.
EMPLOYEE FURTHER AGREES AND ACKNOWLEDGES
THAT THE OFFER BY THE COMPANY OF THIS GENERAL RELEASE AND ITS TERMS IS EXTENDED
TO THE EMPLOYEE AND REMAINS IN EFFECT ONLY FOR THE DURATION OF THE CONSIDERATION
PERIOD.
E)
THE EMPLOYEE UNDERSTANDS AND AGREES THAT BY ENTERING
INTO THIS GENERAL RELEASE HE IS WAIVING ANY AND ALL RIGHTS OR CLAIMS HE MIGHT
HAVE UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT, AS AMENDED BY THE OLDER
WORKERS BENEFIT PROTECTION ACT, AND THAT HE HAS RECEIVED CONSIDERATION BEYOND
THAT TO WHICH HE WAS PREVIOUSLY ENTITLED.
F)
THE EMPLOYEE EXPRESSLY AGREES THAT HE DOES NOT HAVE
ANY RIGHTS TO REINSTATEMENT WITH THE COMPANY AND EXPRESSLY FOREVER RELEASES AND
DISCHARGES THE COMPANY FROM ANY OBLIGATION TO EMPLOY HIM IN ANY CAPACITY.
G)
THE EMPLOYEE ACKNOWLEDGES THAT HE HAS BEEN OR WILL BE
REIMBURSED BY THE COMPANY FOR ALL BUSINESS EXPENSES, INCLUDING RELOCATION COSTS,
IF ANY, INCURRED IN CONJUNCTION WITH THE PERFORMANCE OF HIS EMPLOYMENT AND THAT
NO OTHER REIMBURSEMENTS ARE OWED TO THE EMPLOYEE. THE EMPLOYEE FURTHER
ACKNOWLEDGES