PURCHASES WHICH ARE SPECIFICALLY RELATED TO
THE USE AND MAINTENANCE OF THE VEHICLE THAT YOU PURCHASE WITH THE ONE-TIME-ONLY
PAYMENT PROVIDED TO YOU BY YOUNG. YOUNG ALSO AGREES THAT YOU MAY CONTINUE TO
USE, UNTIL MARCH 31, 2006, THE CELLULAR TELEPHONE WHICH HAS BEEN PROVIDED TO YOU
BY YOUNG. YOU AGREE TO USE THE EXPRESS CARD AND TELEPHONE REFERENCED IN THIS
PARAGRAPH IN A REASONABLE MANNER, IF YOUNG DETERMINES, IN ITS SOLE DISCRETION,
THAT THE EXPRESS CARD AND
4
TELEPHONE ARE NOT BEING USED IN SUCH A MANNER, YOUNG MAY IMMEDIATELY CEASE
PROVIDING THE EXPRESS CARD AND TELEPHONE TO YOU AND YOU WILL BE REQUIRED TO
RETURN THE EXPRESS CARD AND THE TELEPHONE TO YOUNG IMMEDIATELY UPON REQUEST BY
YOUNG.
4.
IN CONSIDERATION OF THE VOLUNTARY
PAYMENTS AND OTHER BENEFITS TO BE PROVIDED BY YOUNG TO YOU, WHICH YOU ARE NOT
OTHERWISE ENTITLED TO RECEIVE BECAUSE OF YOUR EMPLOYMENT WITH YOUNG AND/OR YOUR
RETIREMENT FROM THAT EMPLOYMENT, THE SUFFICIENCY OF WHICH YOU HEREBY
ACKNOWLEDGE, YOU ON YOUR OWN BEHALF AND THAT OF YOUR HEIRS, EXECUTORS,
ADMINISTRATORS AND ASSIGNS HEREBY RELEASE, ACQUIT, AND FOREVER DISCHARGE YOUNG,
ALL AFFILIATED ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, STOCKHOLDERS,
EMPLOYEES AND AGENTS ('RELEASED PARTY" OR "RELEASED PARTIES") FROM ANY AND ALL
CLAIMS, OBLIGATIONS, RIGHTS AND DEMANDS OF EVERY KIND OR NATURE WHATSOEVER YOU
NOW HAVE OR EVER HAD, AT LAW OR EQUITY, WHETHER KNOWN OR UNKNOWN, ARISING
THROUGH THE EFFECTIVE DATE OF THIS AGREEMENT AGAINST ANY OF THEM, INCLUDING,
WITHOUT LIMITATION, CLAIMS FOR LOST INCOME OR EARNINGS ARISING AT COMMON LAW OR
BY STATUTE(S), CLAIMS FOR WRONGFUL DISCHARGE, IMPLIED CONTRACT, PHYSICAL OR
EMOTIONAL DISTRESS, INJURIES AND FRAUD AND CLAIMS UNDER THE FEDERAL FAIR LABOR
STANDARDS ACT, TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, THE CIVIL RIGHTS ACT
OF 1991, THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 (EXCEPT TO THE
EXTENT THAT YOU ARE OTHERWISE ENTITLED TO RECEIVE BENEFITS UNDER ANY PLAN(S)
COVERED BY SUCH ACT), THE AMERICANS WITH DISABILITIES ACT, THE REHABILITATION
ACT OF 1973, ALL AS MAY BE AMENDED, AND ALL OTHER FEDERAL, STATE, AND LOCAL LAWS
RELATING TO UNLAWFUL DISCHARGE, DISCRIMINATION AND WAGE LAWS, INCLUDING ALL
STATUTES, REGULATIONS AND ORDINANCES OF THE STATES OF NEW YORK AND MICHIGAN.
Moreover, you acknowledge and understand that you are waiving, releasing and
forever discharging the Released Parties from any rights or claims that you may
have under the Age Discrimination in Employment Act, as amended by the Older
Workers Benefit Protection Act ("ADEA"), with respect to claims arising before
the date you sign this Agreement, but not those arising thereafter. However,
nothing in this Agreement shall be construed (i) to affect the rights and
responsibilities of the Equal Employment Opportunity Commission ("Commission")
to enforce the requirements of ADEA or (ii) to interfere with the protected
right of an employee to file a charge -or participate in an investigation or
proceeding conducted by the Commission:
5.
EXCEPT TO ENFORCE THE PROVISIONS OF
THIS AGREEMENT, YOU AGREE NOT TO INITIATE,
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DIRECTLY OR