COMPANY, INCLUDING BUT NOT
LIMITED TO ANY CLAIMS BASED UPON COMMON LAW, ANY FEDERAL, STATE OR LOCAL
EMPLOYMENT STATUTES OR CIVIL RIGHTS LAWS (SUCH AS TITLE VII OF THE CIVIL RIGHTS
ACT OF 1964, AS AMENDED; THE AGE DISCRIMINATION IN EMPLOYMENT ACT; THE FAMILY
AND MEDICAL LEAVE ACT; THE AMERICANS WITH DISABILITIES ACT; THE EMPLOYEE
RETIREMENT INCOME SECURITY ACT OF 1974; THE NEW JERSEY CONSCIENTIOUS EMPLOYEE
PROTECTION ACT; SARBANES-OXLEY ACT OF 2002; AND LAWS PROHIBITING DISCRIMINATION
BASED UPON RACE, COLOR, RELIGION, CREED, NATIONAL ORIGIN, ANCESTRY, FAMILY
AND/OR MEDICAL LEAVE, CITIZENSHIP STATUS, SEX, SEXUAL ORIENTATION OR PREFERENCE,
MARITAL STATUS, AGE OR DISABILITY), WRONGFUL TERMINATION, FAILURE TO
5
PAY WAGES, BREACH OF CONTRACT, DEFAMATION, INVASION OF PRIVACY, WHISTLEBLOWING
OR INFLICTION OF EMOTIONAL DISTRESS, OR ANY OTHER MATTER. THIS RELEASE SHALL
APPLY TO ALL KNOWN, UNKNOWN, UNSUSPECTED AND UNANTICIPATED CLAIMS, LIENS,
INJURIES AND DAMAGES THAT HAVE ACCRUED TO THE EMPLOYEE AS OF THE DATE OF THIS
AGREEMENT. THIS RELEASE DOES NOT WAIVE ANY RIGHTS OR CLAIMS THAT EMPLOYEE HAS
UNDER THIS AGREEMENT, INCLUDING THE RIGHT TO INDEMNIFICATION SET FORTH IN
PARAGRAPH 5 OF THIS AGREEMENT, OR THAT MAY ARISE AFTER THIS RELEASE IS EXECUTED
OR RELATE TO THE ENFORCEMENT OF THIS AGREEMENT.
(B)
IT IS THE INTENTION OF THE EMPLOYEE IN EXECUTING THIS AGREEMENT
THAT IT SHALL BE EFFECTIVE AS A BAR AGAINST EACH AND ALL CLAIMS, CAUSES OF
ACTION, SUITS, GRIEVANCES, DEBTS, SUMS OF MONEY, CONTROVERSIES, AGREEMENTS,
PROMISES, DAMAGES, BACK AND FRONT PAY, COSTS, EXPENSES, ATTORNEYS' FEES AND
REMEDIES OF ANY TYPE DESCRIBED IN SECTION 14(A) ABOVE. IN FURTHERANCE OF THIS
INTENTION, THE EMPLOYEE EXPRESSLY WAIVES ANY AND ALL RIGHTS AND BENEFITS
CONFERRED UPON THE EMPLOYEE BY THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA
CIVIL CODE, WHICH STATES:
A general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if
known by him would have materially affected his settlement with the debtor.
15.
NO ADMISSION. NOTHING CONTAINED IN THIS AGREEMENT NOR THE FACT
THAT THE PARTIES HAVE SIGNED THIS AGREEMENT SHALL BE CONSTRUED AS AN ADMISSION
BY EITHER PARTY.
16.
WAIVER OF REINSTATEMENT. BY ENTERING INTO THIS AGREEMENT, THE
EMPLOYEE ACKNOWLEDGES THAT THE EMPLOYEE WAIVES ANY CLAIM TO REINSTATEMENT AND/OR
FUTURE EMPLOYMENT WITH THE COMPANY. THE EMPLOYEE FURTHER ACKNOWLEDGES THAT THE
EMPLOYEE IS NOT AND SHALL NOT BE ENTITLED TO ANY PAYMENTS, BENEFITS OR OTHER
OBLIGATIONS FROM THE RELEASED PARTIES WHATSOEVER (EXCEPT AS EXPRESSLY SET FORTH
IN THIS AGREEMENT).
17.
MISCELLANEOUS. THIS AGREEMENT CONTAINS THE ENTIRE UNDERSTANDING
BETWEEN THE PARTIES. THIS AGREEMENT SUPERSEDES ANY AND ALL PREVIOUS AGREEMENTS
AND PLANS, WHETHER WRITTEN OR ORAL, BETWEEN THE EMPLOYEE AND THE COMPANY. THERE
ARE NO OTHER REPRESENTATIONS, AGREEMENTS OR UNDERSTANDINGS, ORAL OR WRITTEN,
BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. NO
AMENDMENT TO OR MODIFICATION OF THIS AGREEMENT SHALL BE VALID UNLESS MADE IN
WRITING AND EXECUTED BY THE PARTIES HERETO SUBSEQUENT TO THE DATE OF THIS
AGREEMENT. THIS AGREEMENT