Current Release. Except for those obligations contained within this Agreement and the rights and obligations contained in California Corporations Code section 317 and California Labor Code section 2802, ▇▇. ▇▇▇▇▇▇▇ hereby fully, finally and forever releases and discharges PCB, its affiliated entities, and their respective past, present and future officers, directors, employees, insurance carriers, other agents, successors and assigns (all such parties are hereafter collectively referred to as the “Released Parties”) of and from any and all causes of action, obligations, claims, damages, costs or liabilities, whether known or unknown, which ▇▇. ▇▇▇▇▇▇▇ has or may hereafter learn of against each or any of the Released Parties by reason of any act or omission or cause arising prior to ▇▇. ▇▇▇▇▇▇▇’▇ execution of this Agreement, other than those statutory claims that are not legally waivable. Without limiting the generality of the foregoing, ▇▇. ▇▇▇▇▇▇▇ releases and discharges the Released Parties from any and all causes of action, obligations, claims, damages, costs or liabilities, whether known or unknown, which ▇▇. ▇▇▇▇▇▇▇ has or may hereafter learn of against each or any of the Released Parties by reason of her employment with PCB, including, but not limited to, claims based on or relating to: (a) any express or implied contract; (b) wrongful discharge; (c) termination in breach of public policy; (d) claims of discrimination, harassment or retaliation under Title VII of the Civil Rights Act of 1964, as amended, the Americans with Disabilities Act, the Family and Medical Leave Act, or the California Fair Employment and Housing Act, which prohibit discrimination, harassment and retaliation based on factors such as race, color, age, ancestry, national origin, sex, sexual orientation, transgender status, religion, mental or physical disabilities, marital status, or family or medical leave needs; (e) any other federal, state or local laws or regulations prohibiting employment discrimination or retaliation; (f) personal injury, defamation, assault, battery, infliction of emotional distress, invasion of privacy, or false imprisonment; and (g) claims for attorneys’ fees or costs. This release covers both claims that ▇▇. ▇▇▇▇▇▇▇ knows about and those that she may not know about. Accordingly, ▇▇. ▇▇▇▇▇▇▇ waives any rights afforded by Section 1542 of the California Civil Code, which reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” As noted, the foregoing release will not extend to statutory claims that are not legally waivable, including but not limited to, where applicable, the right to: • Pursue claims of age discrimination under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), based on acts or omissions undertaken after the date each of the parties has signed this Agreement. • File a complaint or to participate in, cooperate with, or provide information in connection with, an investigative proceeding of any federal, state or local civil rights agency, including but not limited to the U.S. Equal Employment Opportunity Commission (“EEOC”) and the California Department of Fair Employment and Housing. ▇▇. ▇▇▇▇▇▇▇ does, however, to the extent allowed by law, waive and give up the right to recover, through any civil court proceeding or private arbitration, any money, or other relief personal to her, under Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act, or other applicable civil rights statute, based on her employment with PCB. • Make and pursue any type of claim, or to receive any type of allowable relief, which by law, cannot be waived. • File any suit, complaint, charge or claim against PCB, or to disclose any information required in connection therewith, for breach of this Agreement or in order to secure enforcement of the rights, duties or obligations of PCB and ▇▇. ▇▇▇▇▇▇▇ under this Agreement. • Challenge the validity or enforceability of any waiver of ADEA rights. • Make and pursue any type of claim for unemployment insurance benefits, Workers’ Compensation benefits, or indemnity rights under the California Labor Code.
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Current Release. Except for those obligations contained within this Agreement Executive, on behalf of himself and the rights his heirs, estate, executors, administrators, successors and obligations contained in California Corporations Code section 317 and California Labor Code section 2802assigns, ▇▇. ▇▇▇▇▇▇▇ does hereby fullyrelease, finally acquit and forever releases and discharges PCBdischarge the Company, its affiliated entitiesparents and subsidiaries, and their respective past, present and future officers, directors, agents, servants, employees, insurance carriersshareholders, other agentssuccessors, successors assigns and assigns (all such parties are hereafter collectively referred to as the “Released Parties”) affiliates, of and from any and all claims, liabilities, demands, causes of action, obligationscosts, claimsexpenses, attorneys fees, damages, costs indemnities and obligations of every kind and nature, in law, equity, or liabilitiesotherwise, whether known or and unknown, which ▇▇. ▇▇▇▇▇▇▇ has or suspected and unsuspected, disclosed and undisclosed (other than Executive’s rights under this Agreement and other than any claim for indemnification Executive may hereafter learn of against each or any of the Released Parties by reason have as a result of any act third party action against Executive based on Executive’s employment with the Company), arising out of or omission in any way related to agreements, events, acts or cause arising conduct at any time prior to ▇▇. ▇▇▇▇▇▇▇’▇ execution of and including the date Executive executes this Agreement, other than those statutory claims that are not legally waivable. Without limiting the generality of the foregoing, ▇▇. ▇▇▇▇▇▇▇ releases and discharges the Released Parties from any and all causes of action, obligations, claims, damages, costs or liabilities, whether known or unknown, which ▇▇. ▇▇▇▇▇▇▇ has or may hereafter learn of against each or any of the Released Parties by reason of her employment with PCB, including, but not limited to, : all such claims based on and demands directly or relating to: (a) indirectly arising out of or in any express or implied contract; (b) wrongful discharge; (c) termination in breach of public policy; (d) claims of discrimination, harassment or retaliation under Title VII of way connected with Executive’s employment with the Civil Rights Act of 1964, as amended, the Americans with Disabilities Act, the Family and Medical Leave Act, Company or the California Fair Employment and Housing Act, which prohibit discrimination, harassment and retaliation based on factors such as race, color, age, ancestry, national origin, sex, sexual orientation, transgender status, religion, mental or physical disabilities, marital status, or family or medical leave needs; (e) any other federal, state or local laws or regulations prohibiting employment discrimination or retaliation; (f) personal injury, defamation, assault, battery, infliction termination of emotional distress, invasion of privacy, or false imprisonment; and (g) claims for attorneys’ fees or costs. This release covers both claims that ▇▇. ▇▇▇▇▇▇▇ knows about and those that she may not know about. Accordingly, ▇▇. ▇▇▇▇▇▇▇ waives any rights afforded by Section 1542 of the California Civil Code, which reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” As noted, the foregoing release will not extend to statutory claims that are not legally waivableemployment, including but not limited to, where applicableclaims of intentional and negligent infliction of emotional distress, any and all tort claims for personal injury, claims or demands related to salary, bonuses, commissions, stock, stock options, or any other ownership interests in the Company, vacation pay, fringe benefits, expense reimbursements, severance pay, or any other form of compensation; claims pursuant to any federal, state or local law or cause of action including, but not limited to, the right to: • Pursue claims federal Civil Rights Act of age discrimination under 1964, the federal Age Discrimination in Employment Act of 1967, as amended 1967 (the “ADEA”), based on acts or omissions undertaken after the date each of the parties has signed this Agreement. • File a complaint or to participate in, cooperate with, or provide information in connection with, an investigative proceeding of any federal, state or local civil rights agency, including but not limited to the U.S. Equal Employment Opportunity Commission (“EEOC”) and the California Department of Fair Employment and Housing. ▇▇. ▇▇▇▇▇▇▇ does, however, to the extent allowed by law, waive and give up the right to recover, through any civil court proceeding or private arbitration, any money, or other relief personal to her, under Title VII of the Civil Rights federal Employee Retirement Income Security Act of 19641974, the federal Rehabilitation Act of 1973, the federal Americans with Disabilities Act of 1990, the federal Fair Labor Standards Act, the federal Family Medical Leave Act, the California Fair Employment and Housing Act, or other applicable civil rights statute, based on her employment with PCB. • Make and pursue any type of claim, or amendments to receive any type of allowable relief, which by the foregoing laws; tort law, cannot be waived. • File any suit, complaint, charge or claim against PCB, or to disclose any information required in connection therewith, for ; contract law; wrongful discharge; discrimination; fraud; defamation; emotional distress; and breach of the implied covenant of good faith and fair dealing; provided, however, that nothing in this Agreement paragraph shall be construed in any way to release the Company from its obligation to indemnify Executive pursuant to the Company’s indemnification obligation pursuant to agreement, its bylaws or in order to secure enforcement of the rights, duties or obligations of PCB and ▇▇. ▇▇▇▇▇▇▇ under this Agreement. • Challenge the validity or enforceability of any waiver of ADEA rights. • Make and pursue any type of claim for unemployment insurance benefits, Workers’ Compensation benefits, or indemnity rights under the California Labor Codeapplicable law.
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Sources: Transition Employment Agreement (Openwave Systems Inc)