laws, or legal or equitable theories.
(B)
EXCLUSIONS FROM GENERAL RELEASE.
MR. MURPHY
IS NOT WAIVING ANY RIGHT TO ENFORCE THE TERMS OF THIS GENERAL RELEASE, THE
SEPARATION AGREEMENT OR HIS RIGHT TO ASSERT CLAIMS THAT ARE BASED ON EVENTS THAT
HAPPEN AFTER THIS GENERAL RELEASE BECOMES EFFECTIVE.
MR. MURPHY AGREES THAT ATK
RESERVES ANY AND ALL DEFENSES, WHICH IT HAS OR MIGHT HAVE AGAINST ANY CLAIMS
BROUGHT BY MR. MURPHY.
THESE DEFENSES INCLUDE, BUT ARE NOT LIMITED TO, ATK'S
RIGHT TO SEEK AVAILABLE COSTS AND ATTORNEYS' FEES, AND TO HAVE ANY MONEY OR
OTHER DAMAGES THAT MIGHT BE AWARDED TO MR. MURPHY REDUCED BY THE AMOUNT OF MONEY
PAID TO MR. MURPHY PURSUANT TO THE SEPARATION AGREEMENT.
NOTHING IN THIS
GENERAL RELEASE INTERFERES WITH MR. MURPHY'S RIGHT TO FILE A CHARGE WITH THE
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ("EEOC") OR TO PARTICIPATE IN AN EEOC
INVESTIGATION OR PROCEEDING.
NEVERTHELESS, MR. MURPHY UNDERSTANDS THAT HE HAS
WAIVED HIS RIGHT TO RECOVER ANY INDIVIDUAL RELIEF OR MONEY DAMAGES, WHICH MAY BE
AWARDED ON SUCH A CHARGE.
(C)
RIGHT TO REVOKE.
THIS GENERAL RELEASE DOES
NOT BECOME EFFECTIVE FOR A PERIOD OF FIFTEEN (15) DAYS AFTER MR. MURPHY SIGNS
IT, AND MR. MURPHY HAS THE RIGHT TO CANCEL IT DURING THAT TIME.
ANY DECISION TO
REVOKE THIS GENERAL RELEASE MUST BE MADE IN WRITING AND HAND-DELIVERED TO ATK
OR, IF SENT BY MAIL, POSTMARKED WITHIN THE FIFTEEN (15) DAY TIME PERIOD AND
ADDRESSED TO ATK'S GENERAL COUNSEL, ALLIANT TECHSYSTEMS INC., 7480 FLYING CLOUD
DRIVE, MINNEAPOLIS, MN 55344.
MR. MURPHY UNDERSTANDS THAT IF HE DECIDES TO
REVOKE THIS GENERAL RELEASE, HE WILL NOT BE ENTITLED TO ANY SEVERANCE BENEFITS
DESCRIBED UNDER THE SEPARATION AGREEMENT.
2.
Choice of Law and Venue.
The terms of
this General Release will be governed by the laws of Minnesota (without regard
to conflict of laws principles).
Any legal action to enforce this General
Release shall be brought in a competent court of law in Hennepin, County.
3.
Attorneys' Fees.
Mr. Murphy
understands that he is responsible to pay his own costs and attorneys' fees, if
any, that he incurred in consulting with an attorney about this General Release.
4.
Opportunity to Review.
(A)
MR. MURPHY CERTIFIES THAT HE IS SIGNING
THIS GENERAL RELEASE VOLUNTARILY AND WITH FULL KNOWLEDGE OF ITS CONSEQUENCES.
MR. MURPHY UNDERSTANDS THAT HE HAS AT LEAST TWENTY-ONE (21) DAYS FROM THE DATE
HE RECEIVED THIS GENERAL RELEASE TO CONSIDER IT, AND THAT HE DOES NOT HAVE TO
SIGN IT BEFORE THE END OF THE TWENTY-ONE (21) DAY PERIOD AND THAT ANY EXECUTION
OF SUCH GENERAL RELEASE PRIOR TO THE EXPIRATION OF SUCH TWENTY-ONE (21) DAY
PERIOD IS VOLUNTARY.
MR. MURPHY IS ADVISED TO USE THIS TIME TO CONSULT WITH AN
ATTORNEY PRIOR TO EXECUTING THIS GENERAL RELEASE.
11
(B)
MR. MURPHY UNDERSTANDS THAT THE OFFER TO
ACCEPT THIS GENERAL RELEASE REMAINS OPEN FOR TWENTY-ONE (21) DAYS.
IF MR.
MURPHY HAS NOT SIGNED THIS GENERAL RELEASE WITHIN TWENTY-ONE (21) DAYS OF
RECEIVING IT, THEN THIS OFFER