OF ACTION
ARISING UNDER THE CIVIL RIGHTS ACT OF 1964, TITLE VII, 42 U.S.C. §§ 2000E ET
SEQ., AS AMENDED (INCLUDING THE CIVIL RIGHTS ACT OF 1991), THE CIVIL RIGHTS ACT
OF 1866, 42 U.S.C. §§ 1981 ET SEQ., AS AMENDED, THE EQUAL PAY ACT, 29 U.S.C. §§
201 ET SEQ., AS AMENDED, THE AMERICANS WITH DISABILITIES ACT OF 1990, 42 U.S.C.
§§ 12101 ET SEQ., AS AMENDED, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, 29
U.S.C. §§ 621 ET SEQ., AS AMENDED, THE EMPLOYEE RETIREMENT INCOME SECURITY ACT
OF 1974, 29 U.S.C. §§ 1001 ET SEQ., AS AMENDED, THE FAIR LABOR STANDARDS ACT OF
1938, 29 U.S.C. §§ 201 ET SEQ., AS AMENDED, THE FAMILY AND MEDICAL LEAVE ACT, 29
U.S.C. §§ 2601 ET SEQ., AS AMENDED, THE LABOR MANAGEMENT RELATIONS ACT, 29
U.S.C. §§ 141 ET SEQ., AS AMENDED, THE EMPLOYEE POLYGRAPH PROTECTION ACT, 29
U.S.C. §§ 2001 ET SEQ., AS AMENDED, RICO, 18 U.S.C. §§ 1961 ET SEQ., AS AMENDED,
THE OCCUPATIONAL SAFETY AND HEALTH ACT, 29 U.S.C. §§ 651 ET SEQ., AS AMENDED,
THE TEXAS DISCRIMINATION, RETALIATION, AND WRONGFUL DISCHARGE LAWS, INCLUDING
WITHOUT LIMITATION TEX. LAB. CODE §§ 21.001 ET SEQ., 451.001, AND 411.082, AS
AMENDED, TEX. CIV. PRAC. & REM. CODE § 122.001, AS AMENDED, TEX. GOV'T. CODE §§
431.005, 431.006, 554.001, AND 554.002, AS AMENDED, TEX. ELEC. CODE §§ 253.102,
276.001, AND 276.004, AS AMENDED, AND TEX. HEALTH & SAFETY CODE §§ 81.102 AND
165.002, AS AMENDED, THE TEXAS PAY DAY LAWS, INCLUDING WITHOUT LIMITATION TEX.
LAB. CODE §§ 61.001 ET SEQ. AND 62.001 ET SEQ., AS AMENDED, AND ALL OTHER
CONSTITUTIONAL, FEDERAL, STATE, LOCAL, AND MUNICIPAL LAW CLAIMS, WHETHER
STATUTORY, REGULATORY, COMMON LAW OR OTHERWISE,
5
ARISING OUT OF OR RELATING TO ANY AND ALL DISPUTES NOW EXISTING BETWEEN
CONSULTANT AND THE COMPANY, WHETHER RELATED TO OR IN ANY WAY GROWING OUT OF,
RESULTING FROM, OR TO RESULT FROM THE CONSULTANT'S EMPLOYMENT WITH THE COMPANY
AND/OR TERMINATION OR RESIGNATION FROM EMPLOYMENT WITH THE COMPANY, FOR OR
BECAUSE OF ANY MATTER OR THING DONE, OMITTED, OR ALLOWED TO BE DONE BY, THE
CONSULTANT, THE COMPANY OR THE OTHER HEELYS RELEASEES, FOR ANY INCIDENTS,
INCLUDING THOSE PAST AND PRESENT, WHICH EXISTED AT ANY TIME PRIOR TO AND/OR
CONTEMPORANEOUSLY WITH THE EFFECTIVE DATE OF THIS AGREEMENT, INCLUDING ALL PAST,
PRESENT, AND FUTURE DAMAGES, INJURIES, COSTS, EXPENSES, FEES, EFFECTS, AND
RESULTS IN ANY WAY RELATED TO OR CONNECTED WITH SUCH INCIDENTS.
9.
STATEMENT OF UNDERSTANDING.
BY EXECUTING THIS AGREEMENT,
CONSULTANT ACKNOWLEDGES THAT (A) CONSULTANT 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) CONSULTANT HAS BEEN ADVISED BY VIRTUE OF THIS PART OF THE AGREEMENT TO
CONSULT WITH AN ATTORNEY REGARDING THE TERMS OF THIS AGREEMENT; (C) CONSULTANT
HAS CONSULTED WITH, OR HAD SUFFICIENT OPPORTUNITY TO CONSULT WITH, AN ATTORNEY
OF
CONSULTANT'S OWN CHOOSING REGARDING THE TERMS OF THIS AGREEMENT;