EXPRESS OR
IMPLIED), AND IMPLIED COVENANTS OF GOOD FAITH AND FAIR DEALING; (III) ALLEGED
EMPLOYMENT DISCRIMINATION ON THE BASIS OF AGE, RACE, COLOR, RELIGION, SEX,
NATIONAL ORIGIN, VETERAN STATUS, AND/OR HANDICAP, IN VIOLATION OF ANY FEDERAL,
STATE OR LOCAL STATUTE, ORDINANCE, JUDICIAL PRECEDENT OR EXECUTIVE ORDER,
INCLUDING BUT NOT LIMITED TO CLAIMS FOR DISCRIMINATION UNDER THE FOLLOWING
STATUTES: TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, 42 U.S.C. 2000 ET SEQ., THE
CIVIL RIGHTS ACT OF 1866, 42 U.S.C. 1981, AND ANY SIMILAR ACT UNDER APPLICABLE
STATE LAWS; (IV) UNDER ANY FEDERAL OR STATE STATUTE RELATING TO EMPLOYEE
BENEFITS OR PENSIONS; (V) IN TORT (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR
MISREPRESENTATION, DEFAMATION, INTERFERENCE WITH CONTRACT OR PROSPECTIVE
ECONOMIC ADVANTAGE, INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS AND
NEGLIGENCE); AND (VI) ATTORNEY'S FEES AND COSTS.
6.
EMPLOYEE AGREES AND ACKNOWLEDGES THAT THIS SEPARATION AGREEMENT
IS A FULL AND FINAL GENERAL RELEASE OF ALL CLAIMS, INCLUDING, BUT NOT LIMITED TO
UNKNOWN, UNANTICIPATED, AND UNDISCLOSED LOSSES, WRONGS, INJURIES, CLAIMS AND
DAMAGES THAT ARISE WHOLLY OR IN PART FROM ANY ACT OR OMISSION OCCURRING BEFORE
THIS SEPARATION AGREEMENT BECOMES EFFECTIVE, AND THAT THIS CONSTITUTES AN
ESSENTIAL TERM OF THIS SEPARATION AGREEMENT.
7.
EMPLOYEE AGREES AND ACKNOWLEDGES THE SIGNIFICANCE AND
CONSEQUENCE OF THIS SEPARATION AGREEMENT AND OF EACH SPECIFIC RELEASE AND
WAIVER, AND EXPRESSLY AGREES THAT THIS SEPARATION AGREEMENT SHALL BE GIVEN FULL
FORCE AND EFFECT ACCORDING TO EACH AND ALL OF ITS EXPRESS TERMS AND PROVISIONS,
INCLUDING THOSE RELATING TO UNKNOWN AND UNSUSPECTED CLAIMS, DEMANDS,
OBLIGATIONS, AND CAUSES OF ACTION, IF ANY, AS WELL AS THOSE RELATING TO ANY
OTHER CLAIMS, DEMANDS, OBLIGATIONS OR CAUSES OF ACTION HEREIN ABOVE-SPECIFIED.
8.
ALL REMEDIES AT LAW OR IN EQUITY SHALL BE AVAILABLE FOR THE
ENFORCEMENT OF THIS SEPARATION AGREEMENT.
THIS SEPARATION AGREEMENT MAY BE
PLEADED AS A FULL BAR TO THE ENFORCEMENT OF ANY CLAIM WHICH EMPLOYEE MAY HAVE
AGAINST THE COMPANY.
IF EMPLOYEE VIOLATES THE RELEASE CONTAINED HEREIN, IN
ADDITION TO ALL OTHER LEGAL AND EQUITABLE REMEDIES AVAILABLE TO THE COMPANY,
EMPLOYEE UNDERSTANDS AND AGREES THAT ANY SUCH VIOLATION OF THE TERMS OF THIS
SEPARATION AGREEMENT SHALL RESULT IN IMMEDIATE TERMINATION OF THE COMPANY'S
OBLIGATION TO MAKE FURTHER PAYMENT(S) UNDER THIS SEPARATION AGREEMENT.
9.
EMPLOYEE AGREES AND ACKNOWLEDGES THAT NEITHER THE EXECUTION OF
THIS SEPARATION AGREEMENT BY THE COMPANY, NOR THE TERMS HEREOF CONSTITUTE AN
ADMISSION BY THE COMPANY OF LIABILITY WITH RESPECT TO ANY POSSIBLE CLAIM WHICH
WAS OR COULD HAVE BEEN MADE BY EMPLOYEE.
10.
ON OR BEFORE 5:00 P.M. ON OCTOBER 7, 2005 THE EMPLOYEE SHALL RETURN
TO THE COMPANY ALL PROPERTY BELONGING TO THE COMPANY THAT HAS BEEN PROVIDED TO
THE EMPLOYEE AND ALSO ALL PROPERTY THAT IS IN THE EMPLOYEE'S POSSESSION OR
CONTROL, INCLUDING, WITHOUT LIMITATION,
2
laptop computer(s), computers, computer accessories, cell phones, cell phone
accessories, credit cards, and copies or abstracts of any proprietary or
confidential information.
11.
EMPLOYEE AGREES AND ACKNOWLEDGES THAT EMPLOYEE SHALL BE CONSIDERED
AN EMPLOYEE OF THE COMPANY ONLY THROUGH OCTOBER 6,