THE LEGAL CONSEQUENCES PROVIDED FOR IN CIVIL CODE SECTION 1541,
I.E., THE EXTINGUISHMENT OF CERTAIN OBLIGATIONS, KNOWN OR UNKNOWN.
EMPLOYEE HAS
READ SECTION 1541 AND IT IS FULLY UNDERSTOOD BY HIM.
IT PROVIDES:
An obligation is extinguished by a release therefrom given to the debtor by the
creditor, upon a new consideration, or in writing, with or without new
consideration.
18.
NOTWITHSTANDING THE PROVISIONS OF CIVIL CODE SECTION 1542, EMPLOYEE, ON
BEHALF OF HIMSELF, HIS SPOUSE, SUCCESSORS, HEIRS, AND ASSIGNS, HEREBY FOREVER
AND UNCONDITIONALLY RELIEVES, RELEASES, AND DISCHARGES THE COMPANY AND ANY OF
ITS PARENT CORPORATIONS, SUBSIDIARIES (WHETHER OR NOT WHOLLY-OWNED),
BROTHER-SISTER CORPORATIONS, AND ALL OTHER AFFILIATED OR RELATED CORPORATIONS,
INCLUDING BUT NOT LIMITED TO ALL AFFILIATES OF THE COMPANY,
ALL BENEFIT PLANS
SPONSORED BY THE COMPANY, AND ENTITIES, AND EACH OF THEIR RESPECTIVE PRESENT AND
FORMER OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, ADMINISTRATORS,
ACCOUNTANTS, ATTORNEYS, INVESTIGATORS, INSURERS, INVESTORS, ASSOCIATES,
SUCCESSORS, AND ASSIGNS, IN ANY AND ALL CAPACITIES (INCLUDING BUT NOT LIMITED TO
THE FIDUCIARY, REPRESENTATIVE OR INDIVIDUAL CAPACITY OF ANY RELEASED PERSON OR
ENTITY), AND ANY ENTITY OWNED BY OR AFFILIATED WITH ANY OF THE ABOVE, FROM ANY
AND ALL CLAIMS, DEBTS, LIABILITIES, DEMANDS, OBLIGATIONS, LIENS, GRIEVANCES,
PROMISES, ACTS, AGREEMENTS, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO
ATTORNEYS' FEES), DAMAGES, ACTIONS AND CAUSES OF ACTION, OF WHATEVER KIND OR
NATURE, INCLUDING BUT NOT LIMITED TO ANY STATUTORY, CIVIL, ADMINISTRATIVE, OR
COMMON LAW CLAIM, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FIXED OR
CONTINGENT, APPARENT OR CONCEALED ARISING OUT OF ANY ACT OR OMISSION OCCURRING
BEFORE EMPLOYEE'S EXECUTION OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY
CLAIMS BASED ON, ARISING OUT OF, OR RELATED TO EMPLOYEE'S EMPLOYMENT WITH, OR
THE ENDING OF EMPLOYEE'S EMPLOYMENT WITH, THE COMPANY, INCLUDING BUT NOT LIMITED
TO ANY CLAIMS ARISING FROM RIGHTS UNDER FEDERAL, STATE, AND LOCAL LAWS RELATING
TO THE REGULATION OF FEDERAL OR STATE TAX PAYMENTS OR ACCOUNTING; FEDERAL, STATE
OR LOCAL LAWS THAT PROHIBIT HARASSMENT OR DISCRIMINATION ON THE BASIS OF RACE,
NATIONAL ORIGIN, RELIGION, SEX, GENDER, AGE, MARITAL STATUS, BANKRUPTCY STATUS,
DISABILITY, PERCEIVED DISABILITY, ANCESTRY, SEXUAL ORIENTATION, FAMILY AND
MEDICAL LEAVE, OR ANY OTHER FORM OF HARASSMENT OR DISCRIMINATION OR RELATED
CAUSE OF ACTION (INCLUDING BUT NOT LIMITED FAILURE TO MAINTAIN AN ENVIRONMENT
FREE FROM HARASSMENT AND RETALIATION, INAPPROPRIATE COMMENTS OR TOUCHING AND/OR
"OFF-DUTY" CONDUCT OF OTHER COMPANY EMPLOYEES); STATUTORY OR COMMON LAW CLAIMS
OF ANY
5
kind, including but not limited to, any alleged violation of Title VII of the
Civil Rights Act of 1964, The Civil Rights Act of 1991, Sections 1981 through
1988 of Title 42 of the United States Code, as amended; The Employee Retirement
Income Security Act of 1971, as amended, the Age Discrimination In Employment
Act, the Older Worker's Benefit Protection Act, The Americans with Disability
Act of 1990, as amended, the Workers Adjustment and Retraining Notification Act,
as amended; the Occupational Safety and Health Act, as amended, the
Sarbanes-Oxley Act of 2002, the California Family Rights Act (Cal. Govt. Code §
12945.2