back pay, front pay, interest, punitive damages, special
damages, legal and/or attorneys' fees, expenses and litigation costs including
expert fees; and
G.
ANY OTHER FEDERAL OR STATE STATUTE THAT
AFFORDS EMPLOYEES OR INDIVIDUALS PROTECTION OF ANY KIND WHATSOEVER.
3.
THE PARTIES ACKNOWLEDGE THAT IT IS
THEIR MUTUAL AND SPECIFIC INTENT THAT THIS WAIVER AND RELEASE FULLY COMPLIES
WITH THE REQUIREMENTS OF THE OLDER WORKERS BENEFIT PROTECTION ACT (29 U.S.C.
§ 626) AND ANY SIMILAR LAW GOVERNING THE RELEASE OF CLAIMS.
ACCORDINGLY, THE
EXECUTIVE HEREBY ACKNOWLEDGES THAT:
a.
The Executive has consulted with an
attorney prior to executing this Waiver and Release and acknowledges being given
the advice to do so.
The Executive represents that the Executive has read and
fully understands all of the provisions of this Waiver and Release.
The
Executive represents that the Executive is voluntarily signing this Waiver and
Release.
A-3
b.
The Executive has been offered at least
twenty-one (21) days in which to review and consider this Waiver and Release.
C.
THE EXECUTIVE WAIVES ANY RIGHT TO
ASSERT ANY CLAIM OR DEMAND FOR REEMPLOYMENT WITH CINERGY.
4.
THE PARTIES AGREE THAT THIS WAIVER AND
RELEASE SHALL NOT BECOME EFFECTIVE AND ENFORCEABLE UNTIL THE DATE THIS WAIVER
AND RELEASE IS SIGNED BY BOTH PARTIES OR SEVEN (7) CALENDAR DAYS AFTER ITS
EXECUTION BY EXECUTIVE, WHICHEVER IS LATER.
EXECUTIVE MAY REVOKE THIS WAIVER
AND RELEASE FOR ANY REASON BY PROVIDING WRITTEN NOTICE OF SUCH INTENT TO THE
COMPANY WITHIN SEVEN (7) DAYS AFTER HE HAS SIGNED THIS WAIVER AND RELEASE,
THEREBY FORFEITING EXECUTIVE'S RIGHT TO RECEIVE ANY BENEFITS AND RENDERING THIS
WAIVER AND RELEASE NULL AND VOID IN ITS ENTIRETY.
5.
IN THE EVENT THAT EITHER PARTY BREACHES
OR THREATENS TO BREACH ANY PROVISION OF THIS WAIVER AND RELEASE, IT AGREES THAT
THE OTHER PARTY SHALL BE ENTITLED TO SEEK ANY AND ALL EQUITABLE AND LEGAL RELIEF
PROVIDED BY LAW, SPECIFICALLY INCLUDING IMMEDIATE AND PERMANENT INJUNCTIVE
RELIEF.
EACH PARTY HEREBY WAIVES ANY CLAIM THAT THE OTHER PARTY HAS AN ADEQUATE
REMEDY AT LAW.
IN ADDITION, AND TO THE EXTENT NOT PROHIBITED BY LAW, EACH PARTY
AGREES THAT THE OTHER PARTY SHALL BE ENTITLED TO AN AWARD OF ALL COSTS AND
ATTORNEYS' FEES INCURRED BY IT IN ANY SUCCESSFUL EFFORT TO ENFORCE THE TERMS OF
THIS WAIVER AND RELEASE.
EACH PARTY AGREES THAT THE FOREGOING RELIEF SHALL NOT
BE CONSTRUED TO LIMIT OR OTHERWISE RESTRICT EITHER PARTY'S ABILITY TO PURSUE ANY
OTHER REMEDY PROVIDED BY LAW, INCLUDING THE RECOVERY OF ANY ACTUAL, COMPENSATORY
OR PUNITIVE DAMAGES.
MOREOVER, IF EXECUTIVE PURSUES ANY CLAIMS AGAINST THE
COMPANY SUBJECT TO THE FOREGOING WAIVER AND RELEASE, OTHER THAN A CLAIM TO
ENFORCE THE WAIVER AND RELEASE ITSELF, EXECUTIVE AGREES TO IMMEDIATELY REIMBURSE
THE COMPANY FOR THE VALUE OF ALL BENEFITS RECEIVED TO THE FULLEST EXTENT
PERMITTED BY LAW.
6.
CINERGY HEREBY RELEASES THE EXECUTIVE,
HIS HEIRS, REPRESENTATIVES, AGENTS AND ASSIGNS FROM ANY AND ALL KNOWN CLAIMS,
CAUSES OF ACTION, GRIEVANCES, DAMAGES AND DEMANDS OF ANY KIND OR NATURE BASED ON
ACTS