NOT LIMITED TO, ANY CLAIMS ARISING UNDER THE AGE DISCRIMINATION IN
EMPLOYMENT ACT ("ADEA"), AS AMENDED, 29 U.S.C. SS. 621 ET SEQ., THE OLDER
WORKER'S BENEFIT PROTECTION ACT, 29 U.S.C. SS. 626(F)(1), TITLE VII OF THE CIVIL
RIGHTS ACT OF 1964, AS AMENDED, 42 U.S.C. SS. 2000E ET SEQ., THE CIVIL RIGHTS
ACT OF 1871, THE CIVIL RIGHTS ACT OF 1991, THE AMERICANS WITH DISABILITIES ACT,
42 U.S.C. SS. 12101-12213, THE REHABILITATION ACT, THE FAMILY AND MEDICAL LEAVE
ACT OF 1993 ("FMLA"), 29 U.S.C. SS. 2601 ET SEQ., THE FAIR LABOR STANDARDS ACT,
AND ANY OTHER CLAIMS UNDER ANY FEDERAL, STATE OR LOCAL COMMON LAW, STATUTORY, OR
REGULATORY PROVISION, NOW OR HEREAFTER RECOGNIZED, AND ANY CLAIMS FOR ATTORNEYS'
FEES AND COSTS, BUT NOT INCLUDING SUCH CLAIMS TO PAYMENTS, BENEFITS AND OTHER
RIGHTS PROVIDED EXECUTIVE UNDER THE AGREEMENT AND ANY EMPLOYEE BENEFIT PLAN OF
THE COMPANY IN WHICH EXECUTIVE IS A PARTICIPANT.
THIS RELEASE IS EFFECTIVE
WITHOUT REGARD TO THE LEGAL NATURE OF THE CLAIMS RAISED AND WITHOUT REGARD TO
WHETHER ANY SUCH CLAIMS ARE BASED UPON TORT, EQUITY, IMPLIED OR EXPRESS CONTRACT
OR DISCRIMINATION OF ANY SORT.
EXCEPT AS SPECIFICALLY PROVIDED HEREIN, IT IS
EXPRESSLY UNDERSTOOD AND AGREED THAT THIS RELEASE SHALL OPERATE AS A CLEAR AND
UNEQUIVOCAL WAIVER BY EXECUTIVE OF ANY CLAIM FOR ACCRUED OR UNPAID WAGES,
BENEFITS OR ANY OTHER TYPE OF PAYMENT OTHER THAN AS PROVIDED UNDER THE AGREEMENT
AND ANY EMPLOYEE BENEFIT
PLAN OF THE COMPANY IN WHICH EXECUTIVE IS A PARTICIPANT.
IT IS THE INTENTION OF
THE PARTIES TO MAKE THIS RELEASE AS BROAD AND AS GENERAL AS THE LAW PERMITS AS
TO THE CLAIMS RELEASED HEREUNDER.
2.
EXECUTIVE FURTHER AGREES AND RECOGNIZES
THAT HE HAS PERMANENTLY AND IRREVOCABLY SEVERED HIS EMPLOYMENT RELATIONSHIP WITH
THE COMPANY, THAT HE SHALL NOT SEEK EMPLOYMENT WITH THE COMPANY OR ANY
AFFILIATED ENTITY AT ANY TIME IN THE FUTURE, AND THAT THE COMPANY HAS NO
OBLIGATION TO EMPLOY HIM IN THE FUTURE.
3.
THE PARTIES AGREE AND ACKNOWLEDGE THAT
THE AGREEMENT, AND THE SETTLEMENT AND TERMINATION OF ANY ASSERTED OR UNASSERTED
CLAIMS AGAINST THE RELEASEES PURSUANT TO THE AGREEMENT, ARE NOT AND SHALL NOT BE
CONSTRUED TO BE AN ADMISSION OF ANY VIOLATION OF ANY FEDERAL, STATE OR LOCAL
STATUTE OR REGULATION, OR OF ANY DUTY OWED BY ANY OF THE RELEASEES TO EXECUTIVE.
4.
EXECUTIVE CERTIFIES AND ACKNOWLEDGES AS
FOLLOWS:
(A)
THAT HE HAS READ THE TERMS OF THIS RELEASE,
AND THAT HE UNDERSTANDS ITS TERMS AND EFFECTS, INCLUDING THE FACT THAT HE HAS
AGREED TO RELEASE AND FOREVER DISCHARGE ALL RELEASEES FROM ANY LEGAL ACTION OR
OTHER LIABILITY OF ANY TYPE RELATED IN ANY WAY TO THE MATTERS RELEASED PURSUANT
TO THIS RELEASE OTHER THAN AS PROVIDED IN THE AGREEMENT AND IN THIS RELEASE;
(B)
THAT HE HAS SIGNED THIS RELEASE VOLUNTARILY
AND KNOWINGLY IN EXCHANGE FOR THE CONSIDERATION DESCRIBED HEREIN, WHICH HE
ACKNOWLEDGES IS ADEQUATE AND SATISFACTORY TO HIM AND WHICH HE ACKNOWLEDGES IS IN
ADDITION TO ANY OTHER BENEFITS TO WHICH HE IS