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General Release (Version 2)


VERSION TWO

KNOW ALL MEN BY THESE PRESENTS THAT I, [Name of Employee], for and in consideration of the payment to me of [specify amount], do for myself, my heirs, executors, administrators, successors and assigns, in addition to all the promises made herein, hereby release and forever discharge [Name of Employer] and its parents, divisions, successors, predecessors, subsidiaries, affiliates, assigns, and the directors, officers, servants, agents and employees of each of them, and each of their heirs, executors and administrators, and all of them (hereinafter collectively "Releasees") from any and all actions and causes of action, claims and demands, suits, damages, costs, attorneys' fees, expenses, debts due, contracts, agreements, and claims for any compensation or benefits whatsoever, in law or in equity, which I or anyone claiming by, through or under me in any way might have or could have against Employer and Releases, including, but not limited to, any claims whatsoever which arose out of, or which could be claimed to have arisen out of, my employment with, or the separation of my employment from, Employer that I ever had or now have against Employer or Releasees from the beginning of the world to the date of this Release.

This Release includes, but is not limited to, claims under the Age Discrimination In Employment Act of 1967, as amended ("ADEA").

I expressly acknowledge that I have read this Release and have had at least Twenty–one (21) days to discuss it with legal counsel of my choice before signing and that I realize and understand that it applies to and covers all claims, demands, and causes of action, including those under ADEA, against Employer or Releasees or any of them, whether or not I know or suspect them to exist at the present time. I further understand that this Release will not be accepted by Employer if I sign it prior to the expiration of 21 days from the date I received it.

I further acknowledge that this Release is not part of a program being offered to a group or class of employees and that my execution of this Release is made voluntarily without coercion in any way.

I understand that I shall have a period of Seven (7) days from the date I sign this Release to revoke it. If I decide to revoke this Release, the revocation must be in writing signed by me and received by Employer before the expiration of the Seventh (7th) calendar day following the date I sign this Release. Consequently, this Release shall have no force and effect until the expiration of Seven (7) calendar days following the day on which I sign it, and Employer shall likewise have no obligation hereunder until after that time.

I understand that nothing herein waives any rights or claims I may have arising under ADEA after the date on which I sign this Release.

I will not apply for or otherwise seek re-employment with Employer at any time.

I will keep the terms, amount and fact of this Release and the payment hereunder confidential and will not hereafter state the facts or terms of this Release to anyone (except my attorney and wife), including, but not limited to, any past, present or prospective employee or applicant for employment with Employer.

 Nothing herein nor the payment hereunder shall be construed as an admission of any liability on the part of anyone for any matter, all liability being denied.

I have not relied on any representation, expressed or implied, made by Employer or any of its representatives.

This Release constitutes the entire understanding between myself and Employer and cannot be modified except in writing signed by both myself and [Employer].

I intend that this Release shall not be subject to any claim of fraud, duress, deception, or mistake of fact, and that it expresses a full and complete settlement of any claims whatsoever I ever had or may have against Employer or any Releasee.

I will not file any complaint, suit, claim or charge against Employee or any Releasee with any local, state or federal agency or court. If any agency or court assumes jurisdiction of any complaint, suit, claim or charge against Employer or any Releasee on my behalf, I will request such agency or court to dismiss the matter.

I understand this Release is contractual and based on my representation that I will comply with the terms set forth herein. Should I breach any of the terms of this Release, I shall repay to Employer all sums paid to me hereunder, plus reasonable attorneys' fees incurred in connection with the enforcement of the terms of this Release, in addition to any other damages caused by my breach of any of the terms of this Release. Nothing herein shall be construed to limit any other remedies Employer or Releasees may have under law or in equity.

I, intending to be legally bound, hereby apply my signature voluntarily with full understanding of the contents of this Release.

_________________________
Employee's name

_________________________
Employee's signature

[WITNESS]

[DATE]

I, [Name of Attorney], am an attorney licensed to practice law in the State of [specify]. I represent [Name of Client], I have explained to him the consequences of signing this Release and he has indicated to me an understanding thereof and that he is signing this Release of his own free will.

Copyright 1998 Steven M. Sack

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