RECEIVED ALL LEAVE (PAID OR
UNPAID), COMPENSATION, WAGES, BONUSES, COMMISSIONS, AND/OR BENEFITS TO WHICH
EMPLOYEE MAY BE ENTITLED AND THAT NO OTHER LEAVE (PAID OR UNPAID), COMPENSATION,
WAGES, BONUSES, COMMISSIONS AND/OR BENEFITS ARE DUE TO EMPLOYEE, EXCEPT AS
PROVIDED IN THIS AGREEMENT.
EMPLOYEE FURTHERMORE AFFIRMS THAT EMPLOYEE HAS NO
KNOWN WORKPLACE INJURIES OR OCCUPATIONAL DISEASES AND HAS BEEN PROVIDED AND/OR
HAS NOT BEEN DENIED ANY LEAVE REQUESTED UNDER THE FAMILY AND MEDICAL LEAVE ACT.
8.
CONFIDENTIALITY.
EMPLOYEE AGREES NOT TO
DISCLOSE ANY INFORMATION REGARDING THE EXISTENCE OR SUBSTANCE OF THIS AGREEMENT,
EXCEPT TO HIS SPOUSE, AN ATTORNEY AND/OR TAX ADVISOR WITH WHOM EMPLOYEE CHOOSES
TO CONSULT REGARDING EMPLOYEE'S CONSIDERATION OF THIS AGREEMENT.
3
9.
COOPERATION.
EMPLOYEE SHALL COOPERATE
FULLY WITH EMPLOYER IN THE DEFENSE OR PROSECUTION OF ANY CLAIMS OR ACTIONS NOW
IN EXISTENCE OR WHICH MAY BE BROUGHT IN THE FUTURE AGAINST OR ON BEHALF OF
EMPLOYER WHICH RELATE TO EVENTS OR OCCURRENCES THAT TRANSPIRED WHILE EMPLOYEE
WAS EMPLOYED BY EMPLOYER.
EMPLOYEE'S FULL COOPERATION IN CONNECTION WITH SUCH
CLAIMS OR ACTIONS SHALL INCLUDE, BUT NOT BE LIMITED TO, BEING AVAILABLE TO MEET
WITH COUNSEL TO PREPARE FOR DISCOVERY OR TRIAL AND TO ACT AS A WITNESS ON BEHALF
OF EMPLOYER.
DURING AND AFTER EMPLOYEE'S EMPLOYMENT, EMPLOYEE SHALL ALSO
COOPERATE FULLY WITH EMPLOYER IN CONNECTION WITH ANY INVESTIGATION OR REVIEW BY
ANY FEDERAL, STATE OR LOCAL REGULATORY AUTHORITY AS ANY SUCH INVESTIGATION
RELATES TO EVENTS OR OCCURRENCES THAT TRANSPIRED WHILE EMPLOYEE WAS EMPLOYED
WITH EMPLOYER.
EMPLOYEE FURTHER AGREES TO EXECUTE AND DELIVER TO EMPLOYER ANY
SECURITY AND OTHER AGREEMENTS, INSTRUCTIONS, STATEMENTS, CERTIFICATES,
REPLACEMENT OPTION GRANTS, OR OTHER DOCUMENTS, AND TAKE ANY AND ALL SUCH OTHER
ACTIONS THAT RELATE TO MATTERS THAT WERE WITHIN THE SCOPE OF EMPLOYEE'S
AUTHORITY WHILE AN EMPLOYEE OR OFFICER OF EMPLOYER, AS MAY BE REQUESTED BY
EMPLOYER, TO EFFECT, CONFIRM OR FURTHER ASSURE OR PROTECT EMPLOYER'S INTERESTS.
10.
NO FUTURE APPLICATION FOR EMPLOYMENT.
EMPLOYEE SHALL NOT APPLY IN THE FUTURE FOR EMPLOYMENT WITH EMPLOYER.
11.
GOVERNING LAW AND INTERPRETATION. THIS
AGREEMENT SHALL BE GOVERNED AND CONFORMED IN ACCORDANCE WITH THE LAWS OF THE
COMMONWEALTH OF MASSACHUSETTS WITHOUT REGARD TO ITS CONFLICT OF LAWS
PROVISIONS.
IN THE EVENT EMPLOYEE BREACHES ANY PROVISION OF THIS AGREEMENT,
EMPLOYEE AND EMPLOYER AFFIRM THAT EITHER MAY INSTITUTE AN ACTION TO SPECIFICALLY
ENFORCE ANY TERM OR TERMS OF THIS AGREEMENT.
VENUE FOR ALL SUCH ACTIONS WILL BE
IN THE STATE OR FEDERAL COURTS OF THE COMMONWEALTH OF MASSACHUSETTS.
SHOULD ANY
PROVISION OF THIS AGREEMENT BE DECLARED ILLEGAL OR UNENFORCEABLE BY ANY COURT OF
COMPETENT JURISDICTION AND CANNOT BE MODIFIED TO BE ENFORCEABLE, EXCLUDING THE
GENERAL RELEASE LANGUAGE, SUCH PROVISION SHALL IMMEDIATELY BECOME NULL AND VOID,
LEAVING THE REMAINDER OF THIS AGREEMENT IN FULL FORCE AND EFFECT.
12.
NON-ADMISSION OF WRONGDOING.
EMPLOYEE AGREES
THAT NEITHER THIS AGREEMENT NOR THE FURNISHING OF THE CONSIDERATION FOR THIS
RELEASE SHALL BE DEEMED OR CONSTRUED AT ANY TIME FOR ANY PURPOSE AS AN ADMISSION
BY EMPLOYER OF ANY LIABILITY OR UNLAWFUL CONDUCT OF ANY KIND.
13.