Health Net 2011 Annual Report Download - page 249

“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 understands and acknowledges the significance and consequence of this Release and of such specific waiver of
Section 1542, and expressly agrees that this Agreement shall be given full force and effect according to each and all of its
express terms and provisions, including those relating to unknown and unsuspected claims, demands, obligations and causes of
action herein above specified.
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5. Employee enters this Release on his or her own behalf and on behalf of his or her heirs, beneficiaries, successors,
re
p
resentatives, trustees, administrators and assi
g
ns.
6. Employee expressly waives any right or claim of right to assert hereafter that any claim, demand, obligation and/or cause of
action has, through ignorance, oversight or error, been omitted from the terms of this Release. Employee makes this waiver with
full knowledge of his or her rights and with specific intent to release both his or her known and unknown claims and therefore
specifically waives the provision of Section 1542 of the Civil Code of California or other similar provisions of any other
a
pp
licable law (collectivel
y
, “Section 1542”), which reads as follows:
7. To the extent permitted by law, Employee agrees that Employee shall not encourage, cooperate in, or initiate any suit or action
of any kind, or voluntarily participate in same, individually or as a representative, witness or member of a class, under contract,
law or regulation, federal, state or local, pertaining to any matter related to his or her employment with the Company. Employee
represents that he or she has not, to date, initiated (or caused to be initiated) any such suit or action. However, this agreement
does not apply if Employee is required to participate by legal process or other requirement, provided that Employee gives the
Company notice when such process is served on the Employee. This Agreement also does not apply to any challenge by
Employee to the validity of any release herein of ADEA claims nor to any to suit or action brought by Employee to assert such a
challen
g
e.
8. This Release does not waive rights or claims under federal or state law that Employee cannot waive by private agreement,
including, but not limited to, those he or she may have under the California Labor Code (including indemnification rights), the
Employee’s right to file a claim for unemployment benefits, worker’s compensation benefits, claims under the Fair Labor
Standards Act, health insurance benefits under the Consolidated Omnibus Budget Reconciliation Act (COBRA), or claims with
regards to vested benefits under a retirement plan governed by the Employee Retirement Income Security Act (ERISA).
Additionally, nothing in this Release precludes Employee from participating in any investigation or proceeding before any
federal or state agency, or governmental body, including the Equal Employment Opportunity Commission. However, while
Em
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lo
y
ee ma
y
file a char
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e and
p
artici
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ate in an
y
such
p
roceedin
g
, b
y
si
g
nin
g
this Release,