IN CONNECTION WITH EMPLOYEE'S EMPLOYMENT OR THE TERMINATION OF SUCH
EMPLOYMENT, WHETHER SUCH CLAIMS ARE PRESENTLY KNOWN OR ARE HEREAFTER DISCOVERED
OR WHETHER THEY ARE FORESEEN OR UNFORESEEN AS OF THE DATE HEREOF.
THIS RELEASE
APPLIES, WITHOUT LIMITATION, TO ANY AND ALL CLAIMS FOR EMPLOYMENT
DISCRIMINATION, HARASSMENT OR RETALIATION UNDER TITLE VII OF THE CIVIL RIGHTS
ACT OF 1964, AS AMENDED, THE AGE DISCRIMINATION IN EMPLOYMENT ACT (INCLUDING THE
OLDER WORKER BENEFIT PROTECTION ACT); THE FAIR LABOR STANDARDS ACT, THE FAMILY
AND MEDICAL LEAVE ACT, THE EMPLOYEE RETIREMENT INCOME SECURITY ACT, THE WORKERS
ADJUSTMENT AND RETRAINING NOTIFICATION ACT; THE SARBANES-OXLEY ACT, THE
CALIFORNIA FAIR EMPLOYMENT & HOUSING ACT, THE AMERICANS WITH DISABILITIES ACT OF
1990, THE CALIFORNIA LABOR CODE, THE CALIFORNIA HEALTH & SAFETY CODE, THE NEW
YORK HUMAN RIGHTS LAW,
THE NEW YORK CITY HUMAN RIGHTS LAWS, THE NEW YORK AIDS
TESTING CONFIDENTIALITY ACT, THE NEW YORK EQUAL PAY LAW, THE NEW YORK PERSONS
WITH DISABILITIES LAW, CIVIL RIGHTS LAW, THE NEW YORK GENETIC TESTING
CONFIDENTIALITY LAW, THE NEW YORK NONDISCRIMINATION AGAINST GENETIC DISORDERS
LAW, THE NEW YORK SMOKERS RIGHTS LAW, THE NEW YORK EQUAL RIGHTS LAW, THE NEW
YORK DISCRIMINATION BY EMPLOYMENT AGENCIES LAW, THE NEW YORK BONE MARROW LEAVE
LAW, THE NEW YORK ADOPTIVE PARENTS CHILD CARE LEAVE LAW, THE NEW YORK CANCER
VICTIM BIAS LAW, ARTICLE 1, SECTION 11 OF THE NEW YORK STATE CONSTITUTION; N.Y.
WORKERS' COMPENSATION LAW, OR ANY OTHER STATE, FEDERAL OR LOCAL STATUTE OR
REGULATION APPLICABLE TO EMPLOYER, INCLUDING ANY CLAIM FOR INTENTIONAL OR
NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS, PHYSICAL INJURY, VIOLATION OF ANY
PUBLIC POLICY, BREACH OF ANY IMPLIED OR EXPRESS CONTRACT, ANY CLAIM FOR STOCK
OPTIONS, ANY CLAIM FOR WRONGFUL TERMINATION, FRAUD, INTENTIONAL OR NEGLIGENT
MISREPRESENTATION, AND ALL OTHER LEGAL AND EQUITABLE CAUSES OF ACTION WHATSOEVER
AND ALL REMEDIES FOR SUCH CLAIMS.
THE RELEASE OF CLAIMS MADE BY EMPLOYEE IN
THIS AGREEMENT DOES NOT APPLY TO CLAIMS THAT ARISE AFTER THE DATE THIS AGREEMENT
IS EXECUTED.
EMPLOYEE CERTIFIES THAT AS OF THE DATE OF THIS RELEASE, SHE HAS
REPORTED ALL ACCIDENTS, INJURIES OR ILLNESSES RELATING TO OR ARISING FROM HIS
EMPLOYMENT WITH THE EMPLOYER.
5.
UNKNOWN CLAIMS.
EMPLOYEE UNDERSTANDS THAT THE RELEASE SET FORTH
ABOVE INCLUDES CLAIMS WHICH EMPLOYEE KNOWS ABOUT AND THOSE EMPLOYEE MAY NOT KNOW
ABOUT.
EMPLOYEE EXPRESSLY WAIVES ANY RIGHTS UNDER CALIFORNIA CIVIL CODE
SECTION 1542 WHICH PROVIDES AS FOLLOWS:
"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."
2
FOR PURPOSES OF SECTION 1542, "CREDITOR" REFERS TO EMPLOYER AND "DEBTOR" REFERS
TO THE RELEASED PARTIES.
6.
CLAIMS NOT AFFECTED BY RELEASE.
THIS RELEASE DOES NOT AFFECT
EMPLOYEE'S RIGHT TO APPLY FOR CONTINUATION OR CONVERSION OF INSURANCE COVERAGE
TO THE EXTENT THAT THE EMPLOYER'S INSURANCE PLANS OR APPLICABLE LAW PROVIDE FOR
SUCH CONTINUATION OR CONVERSION, OR TO ANY CLAIM FOR DISABILITY OR UNEMPLOYMENT