EMPLOYMENT OPPORTUNITY
COMMISSION OR ANY OTHER STATE OR LOCAL AGENCY ON YOUR BEHALF UNDER THE AGE
DISCRIMINATION IN EMPLOYMENT ACT, TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, AS
AMENDED, OR THE AMERICANS WITH DISABILITIES ACT, AND UNDER ANY CLAIM OR SUIT ON
YOUR BEHALF UNDER ANY OTHER FEDERAL, STATE OR LOCAL LAW.
17.
NOTWITHSTANDING THAT YOUR ACTIVE EMPLOYMENT
AND SERVICE WITH THE COMPANY HAS ENDED, YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU
REMAIN SUBJECT TO CERTAIN OBLIGATIONS SET FORTH IN THAT CERTAIN EMPLOYEE
CONFIDENTIALITY, NON-SOLICITATION AND WORK MADE FOR HIRE AGREEMENT BY AND
BETWEEN YOU AND THE STELLAR TECHNOLOGIES, INC. (THE PREDECESSOR IN INTEREST TO
GEM) THE TERMS OF WHICH ARE INCORPORATED HEREIN BY REFERENCE AS IF SET FORTH
HEREIN IN THEIR ENTIRETY.
18.
YOU ACKNOWLEDGE THAT THE COMPANY HAS ADVISED
YOU TO READ THIS LETTER AND THE RELEASES CONTAINED HEREIN AND TO CAREFULLY
CONSIDER ALL OF ITS TERMS BEFORE SIGNING IT.
THE COMPANY GAVE YOU AT LEAST 21
DAYS IN WHICH TO CONSIDER THIS LETTER AND THE RELEASES CONTAINED HEREIN.
THE
COMPANY, IN WRITING, ADVISED YOU TO DISCUSS THIS LETTER AND THE RELEASES
CONTAINED HEREIN WITH AN ATTORNEY (AT YOUR OWN EXPENSE) DURING THIS PERIOD IF
YOU WISHED TO DO SO AND YOU HAVE HAD SUFFICIENT OPPORTUNITY TO DISCUSS THE TERMS
OF THIS LETTER AND THE RELEASES CONTAINED HEREIN WITH AN ATTORNEY.
YOU
UNDERSTAND THE LEGAL CONSEQUENCES OF THIS LETTER AND THE RELEASES CONTAINED
HEREIN.
19.
NEITHER THIS LETTER NOR THE FURNISHING OF
THE CONSIDERATION FOR THIS LETTER SHALL BE DEEMED OR CONSTRUED AT ANY TIME TO BE
AN ADMISSION BY EITHER THE COMPANY OR YOU OF ANY IMPROPER OR UNLAWFUL CONDUCT.
YOU ACKNOWLEDGE THAT YOU HAVE NOT SUFFERED ANY AGE OR OTHER DISCRIMINATION OR
WRONGFUL TREATMENT BY ANY OF THE RELEASED PARTIES.
YOU SHALL NOT BE CONSIDERED
A PREVAILING PARTY.
20.
THIS LETTER AND ITS TERMS ARE CONFIDENTIAL
AND YOU SHALL NOT TO DISCLOSE ANY INFORMATION REGARDING THE TERMS OF THIS
LETTER, EXCEPT TO AN ATTORNEY WITH WHOM YOU CHOOSE TO CONSULT REGARDING THIS
LETTER AND THE RELEASES CONTAINED HEREIN, YOUR FINANCIAL CONSULTANT, YOUR SPOUSE
OR AS REQUIRED BY LAW, AND YOU WILL ADVISE ANY OF THOSE PERSONS TO KEEP SUCH
INFORMATION CONFIDENTIAL.
21.
THE PROVISIONS OF THIS LETTER SHALL BE
DEEMED SEVERABLE AND THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION SHALL
NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE OTHER PROVISIONS OF THIS
LETTER.
IF ANY PROVISION OF THIS LETTER IS UNENFORCEABLE FOR ANY REASON
WHATSOEVER, SUCH PROVISION SHALL BE APPROPRIATELY LIMITED AND GIVEN EFFECT TO
THE EXTENT THAT IT MAY BE ENFORCEABLE, AND UNDER SUCH CIRCUMSTANCE, YOU WILL
SIGN AND AGREE TO ABIDE BY ANY DOCUMENTS PRESENTED TO YOU BY THE COMPANY THAT
ARE REASONABLY NECESSARY TO CORRECT AND CARRY OUT THE STATED INTENT OF THIS
LETTER.
5
22.
ANY DISPUTE ARISING OUT OF THIS LETTER OR
ANY DISPUTE BETWEEN YOU AND THE RELEASED PARTIES ON ANY SUBJECT MATTER SHALL BE
TRIED WITHOUT A JURY.
YOU RECOGNIZE THAT WITH THIS PROVISION YOU ARE EXPRESSLY