Rosetta Stone 2011 Annual Report Download - page 227

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 Separation
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 Separation 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 Separation 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 Separation Agreement and the Executive 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 subject of this Agreement has been resolved. After the Effective Date, neither Executive, counsel for
Executive, nor any other person under Executive's control shall disclose any term of this Agreement or the circumstances of
Executive's separation from the Company, except that Executive may disclose such information to Executive's spouse, or as
required by subpoena or court order, or to an attorney or accountant to the extent necessary to obtain professional advice.
Executive shall not be entitled to rely upon the foregoing exception for disclosures pursuant to subpoena or court order unless
Executive has given the Company written notice, within three business days following service of the subpoena or court order.
8. Executive covenants never to disparage or speak ill of the Company or any the Company product or service, or of any past or
present employee, officer or director of the Company, nor shall Executive at any time harass or behave unprofessionally
toward any past, present or future the Company employee, officer or director.
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