Oracle 2010 Annual Report Download - page 146

meaning and effect and he voluntarily waives its provisions and those of any other statute or common law doctrine of like effect.
9. Waiver and Release of Claims. Epstein agrees that the payment set forth in Paragraph 1 constitutes consideration for full, complete and final settlement
and release of any and all Epstein’s claims, including but not limited to any claims actual or potential, known or unknown, which arise under or relate to
the Age Discrimination in Employment Act of 1967 as amended, Epstein’s employment relationship with Oracle, the changes in his employment status,
Epstein’s compensation, the termination of the employment relationship between him and Oracle or any other conduct of Oracle occurring prior to the
execution of this Agreement. Epstein also agrees and acknowledges that the payment set forth in Paragraph 1 constitutes full and complete satisfaction of
any and all claims for severance benefits under any applicable severance plan, policy, or agreement, including but not limited to any and all claims for
severance benefits due to a “change in control” as set forth therein.
Having so waived the provisions of Section 1542 and those of any other statute or common law doctrine of like effect, Epstein releases Oracle from any
and all claims of any kind, whether known or unknown, actual or potential, which he now has or may have at any time which in any way arose from or
relate to Epstein’s employment relationship with Oracle, the changes in his employment status, Epstein’s compensation, the termination of the
employment relationship between Oracle and Epstein and any other conduct of Oracle occurring prior to the execution of this Agreement, except that this
release shall not apply to claims for workers’ compensation or unemployment insurance benefits, or to any other claims which by law cannot be released.
Except for the severance payment amount set forth in paragraph 1 of this Agreement, Epstein releases Oracle, all of its related or affiliated entities, and all
of its and their present and former officers, directors, agents, employees, representatives, affiliates, successors, assigns, parent companies, and subsidiaries
from any and all claims of any kind, whether known or unknown, actual or potential, which Epstein now has or may have at any time which in any way
arise from or are related to severance benefits under any applicable severance plan, policy, or agreement, including but not limited to any and all claims for
severance benefits due to a “change in control” as set forth therein. Nothwithstanding any waiver or release provided by Epstein pursuant to this
Agreement, nothing herein shall be construed to waive or release Epstein’s rights or claims to indemnification under Oracle’s bylaws, applicable insurance
policies (including director and officer liability policies), or applicable law, including California Labor Code Section 2802. Epstein expressly preserves all
such rights and claims.
10. No Assignment or Transfer. Epstein warrants that he has not assigned, transferred nor purported to assign or transfer any claim against Oracle that arose
prior to the execution of this Agreement and that he will not assign or transfer or purport to assign or transfer hereafter any such claim.
Source: ORACLE CORP, 10-K, June 28, 2011 Powered by Morningstar® Document Research℠