suit brought or
pursued by Employee in violation of this provision.
4.
ACKNOWLEDGEMENT OF WAIVER OF CLAIMS UNDER ADEA.
EMPLOYEE ACKNOWLEDGES
THAT HE IS WAIVING AND RELEASING ANY RIGHTS HE MAY HAVE UNDER THE AGE
DISCRIMINATION IN EMPLOYMENT ACT OF 1967 ("ADEA") FOR THE PERIOD OF TIME DURING
HIS EMPLOYMENT WITH THE COMPANY UP TO AND INCLUDING DECEMBER 31, 2003 AND THAT
THIS RELEASE IS KNOWING AND VOLUNTARY.
EMPLOYEE AND THE COMPANY AGREE THAT THIS
WAIVER AND RELEASE DOES NOT APPLY TO ANY RIGHTS OR CLAIMS THAT MAY ARISE UNDER
ADEA AFTER THE EFFECTIVE DATE OF THIS RELEASE.
EMPLOYEE ACKNOWLEDGES THAT THE
CONSIDERATION GIVEN FOR RELEASE IS IN ADDITION TO ANYTHING OF VALUE TO WHICH
EMPLOYEE WAS ALREADY ENTITLED.
EMPLOYEE FURTHER ACKNOWLEDGES THAT HE HAS BEEN
ADVISED BY THIS WRITING THAT
(A) HE SHOULD CONSULT WITH AN ATTORNEY PRIOR TO EXECUTING THIS RELEASE;
(B) HE HAS UP TO TWENTY-ONE (21) DAYS WITHIN WHICH TO CONSIDER THIS RELEASE;
(C) HE HAS SEVEN (7) DAYS FOLLOWING HIS EXECUTION OF THIS RELEASE TO REVOKE THE
RELEASE; AND
(D) THIS RELEASE SHALL NOT BE EFFECTIVE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
(E) NOTHING IN THIS RELEASE PREVENTS OR PRECLUDES EMPLOYEE FROM CHALLENGING OR
SEEKING A DETERMINATION IN GOOD FAITH OF THE VALIDITY OF THIS WAIVER UNDER THE
ADEA, NOR DOES IT IMPOSE ANY CONDITION PRECEDENT, PENALTIES OR COSTS FOR DOING
SO, UNLESS SPECIFICALLY AUTHORIZED BY FEDERAL LAW.
5.
CIVIL CODE SECTION 1542.
THE PARTIES REPRESENT THAT THEY ARE NOT AWARE
OF ANY CLAIM BY EITHER OF THEM OTHER THAN THE CLAIMS THAT ARE RELEASED BY THIS
RELEASE.
EMPLOYEE ACKNOWLEDGES THAT HE HAS BEEN ADVISED BY LEGAL COUNSEL AND IS
FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH
PROVIDES AS FOLLOWS:
3
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Employee, being aware of said code section, agrees to expressly waive any rights
he may have thereunder, as well as under any other statute or common law
principles of similar effect.
6.
NO PENDING OR FUTURE LAWSUITS.
EMPLOYEE REPRESENTS THAT HE HAS NO
LAWSUITS, CLAIMS, OR ACTIONS PENDING IN HIS NAME, OR ON BEHALF OF ANY OTHER
PERSON OR ENTITY, AGAINST THE COMPANY OR ANY OTHER PERSON OR ENTITY REFERRED TO
HEREIN.
EMPLOYEE ALSO REPRESENTS THAT HE DOES NOT INTEND TO BRING ANY CLAIMS ON
HIS OWN BEHALF OR ON BEHALF OF ANY OTHER PERSON OR ENTITY AGAINST THE COMPANY OR
ANY OTHER PERSON OR ENTITY REFERRED TO HEREIN.
7.
NO ADMISSION OF LIABILITY.
NO ACTION TAKEN BY THE PARTIES HERETO, OR
EITHER OF THEM, EITHER PREVIOUSLY OR IN CONNECTION WITH THIS RELEASE SHALL BE
DEEMED OR CONSTRUED TO BE:
(A) AN ADMISSION OF THE TRUTH OR FALSITY OF ANY CLAIMS HERETOFORE MADE OR
(B) AN ACKNOWLEDGMENT OR ADMISSION BY EITHER PARTY OF ANY FAULT OR LIABILITY