Adaptec 2005 Annual Report Download - page 121

EXHIBIT A
FORM OF GENERAL RELEASE OF ALL CLAIMS
On behalf of myself, my heirs, executors, administrators and assigns, I hereby make the following agreements and acknowledgements in exchange for benefits to
be received by me under my Change of Control Agreement (the “Agreement”):
1. I agree that I fully and forever release and discharge the Company and all of its parents, divisions, subsidiaries, affiliates, related entities, and their
predecessors, successors, and past and present officers, directors, shareholders, employees, agents, partners, attorneys, benefit plans, insurers, and representatives,
(hereinafter “Releasees”) from any and all claims of whatever nature, except as noted below, whether known or unknown, which exist or may exist on my behalf
against Releasees as of the date of this Agreement, including but not limited to any and all tort claims, contract claims, equitable claims, breach of fiduciary duty
claims, ERISA claims, wrongful termination claims, public policy claims, retaliation claims, statutory claims, personal injury claims, emotional distress claims,
invasion of privacy claims, defamation claims, fraud claims, quantum meruit claims, and any and all claims arising under any federal, state or other governmental
statute, law, regulation or ordinance covering discrimination in employment, including but not limited to Title VII of the Civil Rights Act of 1964, as amended,
the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the California Fair Employment and Housing Act, including race, color,
religious creed, national origin, ancestry, physical or mental disability, medical condition, marital status, sex, age, harassment, or retaliation. Notwithstanding any
provisions and covenants in this paragraph, I am not waiving any claim I may have against Releasees to: (a) unemployment; (b) state disability and/or workers’
compensation insurance benefits; (c) my vested rights upon termination in certain of the Company’s group benefit plans pursuant to the federal law known as
COBRA and the terms of the Company’s benefit plans; and (d) any right to indemnification I may have under the Company’s Bylaws or under that certain
Indemnification Agreement dated as of February 1, 2007 between the Company and me.
2. I agree that I fully and forever waive any and all rights and benefits conferred upon me by the provisions of Section 1542 of the Civil Code of the State
of California or any other similar state statute, which states as follows (parentheticals added):
A general release does not extend to claims which the creditor [i.e, me] does not know or suspect to exist in his favor at the time of executing the
release, which if known by him must have materially affected his settlement with the debtor [i.e., the Company].
I understand and agree that this means that if, hereafter, I discover facts different from or in addition to those which I now know or believe to be true, that the
waivers and releases of this General Release shall be and remain effective in all respects subject to the exceptions in Section 1, notwithstanding such different or
additional facts or the discovery of such fact.
3. I agree that neither the fact nor any aspect of this General Release is intended, or should be construed at any time, to be an admission of liability or
wrongdoing by either myself or by the Company.
Source: PMC SIERRA INC, 10-K, February 22, 2008