EQUAL TO ALL ACCRUED AND UNUSED VACATION AND PERSONAL DAY PAY THROUGH AND
INCLUDING THE EFFECTIVE DATE, CALCULATED IN ACCORDANCE WITH THE COMPANY'S
VACATION AND PERSONAL DAY POLICIES, PRACTICES, AND PROCEDURES.
SUCH PAYMENT
WILL BE MADE IN A SINGLE SUM PAYMENT WITHIN SIXTY (60) DAYS OF THE EFFECTIVE
DATE.
5.
NO ADMISSION OF LIABILITY:
THE
PARTIES STIPULATE THAT BY DISCUSSING AND/OR ENTERING INTO THIS AGREEMENT, THE
PARTIES DO NOT ADMIT, AND THEY SPECIFICALLY DENY, ANY VIOLATION OF ANY
CONSTITUTIONAL, FEDERAL, STATE, LOCAL, OR MUNICIPAL LAW, WHETHER, STATUTORY,
REGULATORY, COMMON LAW, OR OTHERWISE.
NEITHER THE PROPOSAL OF THIS AGREEMENT
NOR THE PARTIES' EXECUTION OF IT SHALL IN ANY WAY BE CONSTRUED AS AN ADMISSION
OF LIABILITY IN ANY LEGAL, ARBITRAL, OR ADMINISTRATIVE PROCEEDING.
THIS
AGREEMENT HAS BEEN ENTERED INTO IN RELEASE AND COMPROMISE OF THE CLAIMS AND
CONTROVERSIES AND OTHER MATTERS AS STATED HEREIN AND TO AVOID THE EXPENSE AND
BURDEN OF DISPUTE RESOLUTION.
6.
STATEMENT OF UNDERSTANDING:
BY
EXECUTING THIS AGREEMENT, EMPLOYEE ACKNOWLEDGES THAT (A) EMPLOYEE HAS BEEN GIVEN
AT LEAST TWENTY-ONE (21) DAYS TO CONSIDER THE TERMS OF THIS AGREEMENT, AND HAS
EITHER CONSIDERED IT FOR THAT PERIOD OF TIME OR KNOWINGLY AND VOLUNTARILY WAIVED
THE RIGHT TO DO SO; (B) EMPLOYEE HAS BEEN ADVISED BY VIRTUE OF THIS PART OF THE
AGREEMENT TO CONSULT WITH AN ATTORNEY REGARDING THE TERMS OF THIS AGREEMENT;
(C) EMPLOYEE HAS CONSULTED WITH, OR HAD SUFFICIENT OPPORTUNITY TO CONSULT WITH,
AN ATTORNEY OF
EMPLOYEE'S OWN CHOOSING REGARDING THE TERMS OF THIS AGREEMENT;
(D) EMPLOYEE HAS READ THIS AGREEMENT AND FULLY UNDERSTANDS THE TERMS OF THIS
AGREEMENT AND THEIR IMPORT; (E) EXCEPT AS PROVIDED BY THIS AGREEMENT, EMPLOYEE
HAS NO CONTRACTUAL RIGHT OR CLAIM TO THE PAYMENTS AND BENEFITS DESCRIBED HEREIN;
(F) THE CONSIDERATION PROVIDED FOR HEREIN IS GOOD AND VALUABLE; AND (G) EMPLOYEE
IS ENTERING INTO THIS AGREEMENT VOLUNTARILY, OF EMPLOYEE'S OWN FREE WILL, AND
WITHOUT ANY COERCION, UNDUE INFLUENCE, THREAT, OR INTIMIDATION OF ANY KIND.
7.
REVOCATION:
WITHIN THE SEVEN
(7) CONSECUTIVE CALENDAR DAYS FOLLOWING EMPLOYEE'S EXECUTION OF THIS AGREEMENT
(THE "REVOCATION PERIOD"), EMPLOYEE MAY REVOKE THIS AGREEMENT BY WRITTEN NOTICE
SENT BY BOTH FAX AND FIRST CLASS MAIL TO THE COMPANY IN CARE OF ITS ATTORNEY,
KENNETH C. BROODO, GARDERE WYNNE SEWELL LLP, 1601 ELM STREET, SUITE 3000,
DALLAS, TEXAS
75201-4761, FAX NUMBER (214) 999-3626.
IF
5
EMPLOYEE REVOKES THIS AGREEMENT, THE EMPLOYEE SHALL HAVE NO RIGHT OR ENTITLEMENT
TO RECEIVE (AS APPLICABLE) ANY OF THE SEVERANCE COMPENSATION DESCRIBED IN
SECTION 3 OF THIS AGREEMENT.
EMPLOYEE UNDERSTANDS THAT IF THE COMPANY DOES NOT
RECEIVE NOTICE OF REVOCATION PRIOR TO THE EXPIRATION OF THE REVOCATION PERIOD,
EMPLOYEE SHALL HAVE FOREVER WAIVED THE RIGHT TO REVOKE THIS AGREEMENT, AND THIS
AGREEMENT AND ALL OF ITS TERMS SHALL HAVE FULL FORCE AND EFFECT.
8.
RETURN OF PROPERTY:
THE EMPLOYEE SHALL
RETURN TO THE COMPANY ALL OF ITS PROPERTY AND THAT OF THE OTHER HEELYS RELEASEES
WITHIN EMPLOYEE'S POSSESSION, CUSTODY, OR CONTROL, INCLUDING WITHOUT LIMITATION,
ALL ORIGINALS AND COPIES OF ALL MATERIALS AND DOCUMENTS,