EMPLOYEE AND COMPANY. EXPRESSLY WAIVE ANY RIGHT TO RESOLVE ANY DISPUTE COVERED BY THIS SECTION BY FILING SUIT IN COURT FOR TRIAL BY A JUDGE OR JURY. The arbitrator shall include in any award in the prevailing party's favor costs and expenses of the arbitration. In the event the arbitrator does not rule in favor of the prevailing party in respect of all the claims alleged by such party, the arbitrator shall include in any award in favor of the prevailing party the amount of his or its reasonable costs and expenses of the arbitration as he deems just and equitable under the circumstances. Except as provided above, each party to the arbitration shall bear his or its own attorney's fees and expenses and the parties shall bear equally all other costs and expenses of the arbitration.
EMPLOYEE AND COMPANY each represents and agrees that they will keep the terms, contents and existence of this Agreement completely confidential, and will not hereafter disclose any information concerning this Agreement, including the negotiations leading to this Agreement, to anyone except as required by law or to individuals who reasonably must be informed of its terms and who will be advised of and bound by this confidentiality clause or if the other party breaches this Agreement. Any violation of this paragraph by a party, her or its attorneys, agents or representatives shall constitute a material breach of this Agreement.
EMPLOYEE AND COMPANY want to enter into a full and final settlement of all issues and matters between them, occurring on or before the date EMPLOYEE signs this Release Agreement. These include, but are not limited to, any issues and matters that may have arisen out of EMPLOYEE’S employment with or separation from COMPANY.
EMPLOYEE AND COMPANY each understand and agree ------------------- that this Agreement shall not be construed as an admission of such liability on the part of any person, firm, corporation, or other entity released, liability being expressly denied.
EMPLOYEE AND COMPANY acknowledge that Employee is eligible for retirement under all Company benefit plans, including stock option plans, on and after April 2, 2002 (the affected benefit plans are listed on Exhibit B hereto). Both parties acknowledge that Employee achieves such eligibility without any modification to any of the currently existing terms and requirements of the Company's benefit plans concerning retirement. Employee has notified the Company of his intention to retire on the Termination Date and provided the Termination Date is on or after April 2, 2002, Employee shall be deemed to have retired from the Company upon providing notice of same to the Company's Chief Financial Officer, such notice to be substantially in the form of Exhibit C hereto.
EMPLOYEE AND COMPANY on behalf of themselves and their respective heirs, family members, executors, investors, Employees, officers, directors, agents, attorneys, legal successors, and assigns, hereby fully and forever release each other and their respective heirs, family members, executors, shareholders, from and agree not to xxx concerning, any and all claims, actions, obligations, duties, causes of action, whether now known or unknown, suspected or unsuspected, that either of them may possess based upon or arising out of any matter, cause, fact, thing, act, or omission whatsoever occurring or existing at any time to and including the Effective Date (collectively, the "RELEASED MATTERS"), including without limitation,
EMPLOYEE AND COMPANY. ACKNOWLEDGE THAT THEY ARE FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES 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. EMPLOYEE AND THE COMPANY, BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVE ANY RIGHTS EACH MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT.
EMPLOYEE AND COMPANY agree not to make the existence or terms of this Settlement Agreement and General Release public except as may be necessary to protect the rights contained herein. FIFTH: No Future Lawsuits. EMPLOYEE and COMPANY promise never to file a lawsuit asserting any claims that are released in the Third Paragraph.
EMPLOYEE AND COMPANY acknowledge that a breach of the provisions of this Agreement may cause irreparable harm that may not be fully remedied by monetary damages. Accordingly, Employee and Company shall, in addition to any relief afforded by law, be entitled to injunctive relief from the other for breach. Employee and Company agree that both damages at law and injunctive relief shall be proper modes of relief and are not to be considered alternative remedies. Employee and Company further agree that the prevailing party shall be entitled to recover from the other party reasonable costs of litigation and reasonable attorney fees incurred in any litigation to enforce this Agreement.
EMPLOYEE AND COMPANY acknowledge that a breach of the provisions of this Agreement may cause irreparable harm that may not be fully remedied by monetary damages. Accordingly, Employee and Company shall, in addition to any relief afforded by law, be entitled to injunctive or other equitable relief from the other for breach. Employee and Company agree that both damages at law and injunctive or other equitable relief shall be proper modes of relief and are not to be considered alternative remedies.
