THIS AGREEMENT IS DETERMINED TO BE LEGALLY INVALID OR UNENFORCEABLE BY A COURT
AND IS NOT MODIFIED BY A COURT TO BE ENFORCEABLE, THE AFFECTED PARAGRAPH OR PART
OR SUBPART OF SUCH PARAGRAPH SHALL BE STRICKEN FROM THE AGREEMENT, AND THE
REMAINING PARAGRAPHS OR PARTS OR SUBPARTS OF SUCH PARAGRAPHS OF THIS AGREEMENT
SHALL REMAIN IN FULL, FORCE AND EFFECT.
15.
ENTIRE AGREEMENT.
THIS AGREEMENT AND THE APPLICABLE PROVISIONS OF
THE EMPLOYMENT AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES
AND SUPERSEDES ANY AND ALL PRIOR REPRESENTATIONS, AGREEMENTS, WRITTEN OR ORAL,
EXPRESSED OR IMPLIED, BY THE COMPANY OR ANY RELEASEE ARISING OUT OF OR RELATING
IN ANY WAY TO YOUR EMPLOYMENT OR THE TERMINATION OF YOUR EMPLOYMENT WITH ANY
RELEASEE. THIS AGREEMENT MAY NOT BE MODIFIED OR AMENDED OTHER THAN BY AN
AGREEMENT IN WRITING SIGNED BY YOU AND EITHER THE VICE PRESIDENT & ASSISTANT
GENERAL COUNSEL OR THE SENIOR DIRECTOR OF CORPORATE HUMAN RESOURCES OF RITE AID
HDQTRS. CORP.
16.
ACKNOWLEDGMENT.
YOU ACKNOWLEDGE AND AGREE THAT, SUBSEQUENT TO THE
TERMINATION OF YOUR EMPLOYMENT, YOU SHALL NOT BE ELIGIBLE FOR ANY PAYMENTS FROM
THE COMPANY OR ANY OF THE RELEASEES OR ANY BENEFITS ARISING OUT OF YOUR
EMPLOYMENT WITH ANY OF THE RELEASEES, EXCEPT AS EXPRESSLY SET FORTH IN THIS
AGREEMENT OR THE EMPLOYMENT AGREEMENT.
17.
HEADINGS.
THE HEADINGS CONTAINED IN THIS AGREEMENT ARE FOR
CONVENIENCE OF REFERENCE ONLY AND ARE NOT INTENDED, AND SHALL NOT BE CONSTRUED,
TO MODIFY, DEFINE, LIMIT, OR EXPAND THE INTENT OF THE
5
PARTIES AS EXPRESSED IN THIS AGREEMENT, AND THEY SHALL NOT AFFECT THE MEANING OR
INTERPRETATION OF THIS AGREEMENT.
18.
DAYS.
ALL REFERENCES TO A NUMBER OF DAYS THROUGHOUT THIS
AGREEMENT REFER TO CALENDAR DAYS.
19.
REPRESENTATIONS.
YOU AGREE AND REPRESENT THAT:
(A)
YOU HAVE READ CAREFULLY THE TERMS OF THIS AGREEMENT, INCLUDING THE
GENERAL RELEASE;
(B)
YOU HAVE HAD AN OPPORTUNITY TO AND HAVE BEEN ENCOURAGED TO REVIEW
THIS AGREEMENT, INCLUDING THE GENERAL RELEASE, WITH AN ATTORNEY;
(C)
YOU UNDERSTAND THE MEANING AND EFFECT OF THE TERMS OF THIS
AGREEMENT, INCLUDING THE GENERAL RELEASE;
(D)
YOU WERE GIVEN FORTY-FIVE (45) DAYS TO DETERMINE WHETHER YOU
WISHED TO SIGN THIS AGREEMENT, INCLUDING THE GENERAL RELEASE;
(E)
YOUR DECISION TO SIGN THIS AGREEMENT, INCLUDING THE GENERAL
RELEASE, IS OF YOUR OWN FREE AND VOLUNTARY ACT WITHOUT COMPULSION OF ANY KIND;
(F)
NO PROMISE OR INDUCEMENT NOT EXPRESSED IN THIS AGREEMENT OR THE
EMPLOYMENT AGREEMENT HAS BEEN MADE TO YOU; AND
(G)
YOU HAVE ADEQUATE INFORMATION TO MAKE A KNOWING AND VOLUNTARY
WAIVER.
20.
REVOCATION PERIOD.
IF YOU SIGN THIS AGREEMENT, YOU WILL RETAIN
THE RIGHT TO REVOKE IT FOR SEVEN (7) DAYS.
IF YOU REVOKE THIS AGREEMENT, YOU
ARE INDICATING THAT YOU HAVE CHANGED YOUR MIND AND DO NOT WANT TO BE LEGALLY
BOUND BY THIS AGREEMENT.
THE AGREEMENT SHALL NOT BE EFFECTIVE UNTIL AFTER THE
REVOCATION PERIOD HAS EXPIRED WITHOUT YOUR HAVING REVOKED IT.
TO REVOKE THIS
AGREEMENT, YOU MUST SEND A CERTIFIED LETTER TO THE FOLLOWING ADDRESS:
STEVEN
CHESNEY, SENIOR