Rosetta Stone 2010 Annual Report Download - page 132
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Legal Release
This Legal Release (this "Agreement" or "Release") is between Rosetta Stone Ltd. (the "Company") and Helena Wong
("Executive") (each a "Party," and together, the "Parties"). For purposes of this Agreement "Effective Date" shall mean the date on
which Executive signs this Agreement.
Recitals
A. Executive and the Company are parties to an Employment Agreement to which this Release is appended as
Exhibit A (the "Employment Agreement").
B. Executive wishes to receive the Severance Benefit described Section 6(a) of the Employment Agreement.
C. Executive and the Company wish to resolve, except as specifically set forth herein, all claims between them arising
from or relating to any act or omission predating the Separation Date defined below.
Agreement
The Parties agree as follows:
1. Confirmation of Severance Benefit Obligation. The Company shall pay or provide to Executive the entire
Severance Benefit, as, when and on the terms and conditions specified in the Employment Agreement.
2. Legal Releases
(a) Executive, on behalf of Executive and Executive's heirs, personal representatives and assigns, and any
other person or entity that could or might act on behalf of Executive, including, without limitation, Executive's counsel (all of whom
are collectively referred to as "Executive Releasers"), hereby fully and forever releases and discharges the Company, its present and
future affiliates and subsidiaries, and each of their past, present and future officers, directors, employees, shareholders, independent
contractors, attorneys, insurers and any and all other persons or entities that are now or may become liable to any Releaser due to any
Executive Releasee's act or omission, (all of whom are collectively referred to as "Executive Releasees") of and from any and all
actions, causes of action, claims, demands, costs and expenses, including attorneys' fees, of every kind and nature whatsoever, in law
or in equity, whether now known or unknown, that Executive Releasers, or any person acting under any of them, may now have, or
claim at any future time to have, based in whole or in part upon any act or omission occurring on or before the Effective Date, without
regard to present actual knowledge of such acts or omissions, including specifically, but not by way of limitation, matters which may
arise at common law, such as breach of contract, express or implied, promissory estoppel, wrongful discharge, tortious interference
with contractual rights, infliction of emotional distress, defamation, or under federal, state or local laws, such as the Fair Labor
Standards Act, the Employee Retirement Income Security Act, the National Labor Relations Act, Title VII of the Civil Rights Act of
1964, the Age Discrimination in Employment Act, the Rehabilitation Act
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