Rosetta Stone 2010 Annual Report Download - page 134

manner in favor of Executive, to include all actual or potential legal claims that the Company may have against Executive relating to
Employee's employment with the Company or separation therefrom, except as specifically provided otherwise in this Agreement.
(c) In order to provide a full and complete release, each of the Parties understands and agrees that this Release
is intended to include all claims, if any, covered under this Paragraph 2 that such Party may have and not now know or suspect to exist
in her or its favor against any other Party and that this Release extinguishes such claims. Thus, each of the Parties expressly waives all
rights under any statute or common law principle in any jurisdiction that provides, in effect, that a general release does not extend to
claims which the releasing party does not know or suspect to exist in her favor at the time of executing the release, which if known by
her must have materially affected her settlement with the party being released.
(d) Executive acknowledges that she consulted with an attorney of her choosing before signing this the
Employment Agreement and this Release, and that the Company provided her with no fewer than twenty-one (21) days during which
to consider the provisions of the Employment Agreement and this Release and, specifically the release set forth at Paragraph 2(a),
above, although Executive may sign and return the Release sooner if she so chooses. Executive further acknowledges that she has the
right to revoke this Release for a period of seven (7) days after signing it and that this Release shall not become effective until such
seven (7)-day period has expired. Executive acknowledges and agrees that if she wishes to revoke this Release, she must do so in
writing, and that such revocation must be signed by Executive and received by the Company in care of the Chair of the Board of
Directors no later than 5 p.m. (Eastern Time) on the seventh (7th) day after Executive has signed this Release. Executive
acknowledges and agrees that, in the event that she revokes this Release, she shall have no right to receive the Severance Benefit.
Executive represents that she has read this Release, including the release set forth in Paragraph 2(a), above, affirms that this Release
and the Employment Agreement provide her with benefits to which she would not otherwise be entitled, and understands its terms and
that she enters into this Release freely, voluntarily, and without coercion.
3. Executive acknowledges that she has received all compensation to which she is entitled for her work up to her last
day of employment with the Company, and that she is not entitled to any further pay or benefit of any kind, for services rendered or
any other reason, other than the Severance Benefit.
4. Executive agrees that the only thing of value that she will receive by signing this Release is the Severance Benefit.
5. The Parties agree that their respective rights and obligations under the Employment Agreement shall survive the
execution of this Release.
6. The parties understand and agree that this Agreement shall not be construed as an admission of liability on the part
of any person or entity, liability being expressly denied.
7. Executive represents and warrants to the Company that, prior to the Effective Date, Executive did not disclose to
any person, other than to Executive's spouse, tax advisor and counsel, the terms of this Agreement or the circumstances under which
the matter that is the
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