will constitute one and the same agreement.
20. Successors and Assigns. This Agreement shall be binding upon the successors
and assigns of the Company and Executive. In the event of the death of
Executive, any payments remaining due hereunder shall be paid to Executive's
estate.
21. Amendments. This Agreement may be amended or canceled only by mutual
agreement of the parties in writing without the consent of any other person. So
long as Executive shall live, no person, other than the parties hereto, shall
have any rights under or interest in this Agreement or the subject matter
hereof.
22. EXECUTIVE ACKNOWLEDGES THAT SHE HAS READ THIS AGREEMENT AND CAREFULLY
CONSIDERED ALL OF ITS PROVISIONS BEFORE SIGNING IT AND UNDERSTANDS THAT THIS
AGREEMENT CONTAINS A RELEASE OF ALL KNOWN AND
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UNKNOWN CLAIMS, INCLUDING THOSE UNDER THE FEDERAL AGE DISCRIMINATION IN
EMPLOYMENT ACT, AND OTHER FEDERAL, STATE AND LOCAL LAWS PROHIBITING
DISCRIMINATION IN EMPLOYMENT. EXECUTIVE ACKNOWLEDGES THAT SHE HAS BEEN GIVEN UP
TO TWENTY-ONE (21) DAYS FROM THE DATE SHE RECEIVED THIS AGREEMENT TO CONSIDER
THIS AGREEMENT. EXECUTIVE FURTHER REPRESENTS THAT SHE HAS BEEN REPRESENTED BY AN
ATTORNEY, THAT SHE HAS READ THE PROVISIONS OF THIS AGREEMENT; THAT SHE HAS
CONSULTED WITH HER ATTORNEY ABOUT SUCH PROVISIONS AND FULLY UNDERSTANDS THEM AND
THEIR INTERACTION WITH HER EMPLOYMENT AGREEMENT; THAT SHE HAS BEEN OFFERED
SUFFICIENT TIME IN WHICH TO DECIDE WHETHER TO EXECUTE THIS AGREEMENT AND
SUFFICIENT CONSIDERATION FOR THE PROVISIONS HEREOF; AND THAT HAVING FULLY
CONSIDERED THE MATTER, SHE FREELY AND WITHOUT RESERVATION OR DURESS ENTERS INTO
THIS AGREEMENT, FULLY INTENDING TO WAIVE, SETTLE AND RELEASE ALL CLAIMS SHE MAY
HAVE HAD AGAINST THE COMPANY OR OTHER RELEASED PARTIES.
IF EXECUTIVE SIGNS THIS AGREEMENT IN LESS THAN 21 DAYS, EXECUTIVE CONFIRMS THAT
SHE DOES SO VOLUNTARILY AND WITHOUT ANY PRESSURE OR COERCION OF ANY NATURE FROM
ANYONE REPRESENTING THE COMPANY OR OTHER RELEASED PARTIES.
IN WITNESS WHEREOF, Executive has hereunto set her hand and the Company has
caused this Agreement to be executed by its duly authorized representative, all
as of the date first above written.
EXECUTIVE:
/s/ Carol A. Burke
Carol A. Burke CBOT HOLDINGS, INC. By
/s/ Bernard W. Dan
Its
BOARD OF TRADE OF THE CITY OF CHICAGO, INC. By
/s/ Bernard W. Dan
Its
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