21.001 ET SEQ., AS AMENDED, THE
TEXAS PAY DAY LAW, TEXAS LABOR CODE §§ 61.001 ET SEQ., AS AMENDED, AND/OR THE
TEXAS WORKER'S COMPENSATION DISCRIMINATION LAW, TEXAS LABOR CODE §§ 451.001 ET
SEQ., AS AMENDED, OR ANY OTHER CLAIMS, INCLUDING CLAIMS IN EQUITY - FOR ANY
ACTIONS OR OMISSIONS WHATSOEVER, WHETHER KNOWN OR UNKNOWN AND WHETHER CONNECTED
WITH THE EMPLOYMENT RELATIONSHIP BETWEEN EMPLOYEE AND ZALE, AND/OR THE CESSATION
OF EMPLOYEE'S EMPLOYMENT WITH ZALE, OR NOT, WHICH EXISTED OR MAY HAVE EXISTED
PRIOR TO, OR CONTEMPORANEOUSLY WITH, THE EXECUTION OF THIS AGREEMENT
(COLLECTIVELY, THE "RELEASED CLAIM(S)").
FURTHERMORE, TO THE EXTENT PERMITTED
BY LAW, EMPLOYEE FOREVER WAIVES, RELEASES, AND COVENANTS NOT TO SUE OR FILE OR
ASSIST WITH SUING OR FILING ANY COMPLAINT OR CLAIM AGAINST ANY RELEASEE WITH ANY
COURT, GOVERNMENTAL AGENCY OR OTHER ENTITY BASED ON A RELEASED CLAIM, WHETHER
KNOWN OR UNKNOWN AT THE TIME OF EXECUTION.
EMPLOYEE ALSO WAIVES ANY RIGHT TO
RECOVER FROM ANY RELEASEE IN A CIVIL SUIT BROUGHT BY ANY GOVERNMENTAL AGENCY OR
ANY OTHER INDIVIDUAL ON HIS BEHALF WITH RESPECT TO ANY RELEASED CLAIM.
THIS
GENERAL RELEASE COVERS BOTH CLAIMS THAT EMPLOYEE KNOWS ABOUT AND THOSE HE MAY
NOT KNOW ABOUT, EXCEPT THAT IT DOES NOT RELEASE ANY CLAIMS OR RIGHTS THAT
EMPLOYEE MAY HAVE UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967 (AND
ANY AMENDMENTS THERETO) THAT ARISE AFTER THE DATE EMPLOYEE SIGNS THIS
AGREEMENT.
NOTWITHSTANDING ANYTHING TO THE COMPANY CONTAINED HEREIN, THIS
RELEASE SHALL NOT INCLUDE AND SHALL NOT LIMIT OR RELEASE EMPLOYEE RIGHTS TO
INDEMNIFICATION FROM ANY COMPANY PARTY AS PROVIDED BY LAW, ANY INDEMNIFICATION
AGREEMENT OR SIMILAR AGREEMENT BY AND BETWEEN THE COMPANY AND EMPLOYEE OR THE
CERTIFICATES OF ANY COMPANY PARTY.
2.
EMPLOYEE ACKNOWLEDGES AND AGREES THAT
HE WILL KEEP THE NEGOTIATIONS LEADING TO THIS AGREEMENT, AS WELL AS THE TERMS,
AMOUNT, AND FACT OF THIS AGREEMENT STRICTLY AND COMPLETELY CONFIDENTIAL, AND
THAT HE WILL NOT COMMUNICATE OR OTHERWISE DISCLOSE TO ANY EMPLOYEE OF ZALE
(PAST, PRESENT, OR FUTURE), OR TO ANY MEMBER OF THE GENERAL PUBLIC, THE TERMS,
AMOUNTS, COPIES, OR FACT OF THIS AGREEMENT, EXCEPT AS MAY BE REQUIRED BY LAW OR
COMPULSORY PROCESS; PROVIDED, HOWEVER, THAT EMPLOYEE MAY MAKE SUCH DISCLOSURES
TO HIS TAX/FINANCIAL ADVISORS AS LONG AS THEY AGREE TO KEEP THE INFORMATION
CONFIDENTIAL.
IF ASKED ABOUT ANY OF SUCH MATTERS, EMPLOYEE'S RESPONSE SHALL BE
THAT HE DOES NOT CARE TO DISCUSS ANY OF SUCH MATTERS.
IN THE EVENT OF A BREACH
OF THE CONFIDENTIALITY PROVISIONS SET FORTH IN THIS PARAGRAPH OF THE AGREEMENT
BY EMPLOYEE, ZALE MAY SUSPEND ANY PAYMENTS DUE UNDER THIS AGREEMENT PENDING THE
OUTCOME OF LITIGATION AND/OR ARBITRATION REGARDING SUCH CLAIMED BREACH OF THIS
AGREEMENT BY EMPLOYEE.
THE PARTIES AGREE THAT THIS PARAGRAPH IS A MATERIAL
INDUCEMENT TO ZALE ENTERING INTO THIS AGREEMENT.
3.
EMPLOYEE EXPRESSLY ACKNOWLEDGES,
AGREES, AND COVENANTS THAT HE WILL NOT MAKE ANY PUBLIC OR PRIVATE STATEMENTS,
COMMENTS, OR COMMUNICATION IN ANY FORM, ORAL, WRITTEN, OR ELECTRONIC, WHICH IN
ANY WAY COULD CONSTITUTE LIBEL, SLANDER, OR DISPARAGEMENT