Rosetta Stone 2014 Annual Report Download - page 171

termination of employment; or (viii) any other claims that cannot lawfully be released. Executive hereby warrants that Executive has
not assigned or transferred to any person any portion of any claim which is released, waived and discharged above. Executive further
states and agrees that Executive has not experienced any illness, injury, or disability that is compensable or recoverable under the
worker’s compensation laws of any state that was not reported to the Company by Executive before the Effective Date, and Executive
agrees not to not file a worker’s compensation claim asserting the existence of any such previously undisclosed illness, injury, or
disability. Executive has specifically consulted with counsel with respect to the agreements, representations, and declarations set forth
in the previous sentence. Executive understands and agrees that by signing this Release Executive is giving up any right to bring any
legal claim against the Company concerning, directly or indirectly, Executive’s employment relationship with the Company, including
Executive’s separation from employment. Executive agrees that this legal release is intended to be interpreted in the broadest possible
manner in favor of the Company, to include all actual or potential legal claims that Executive may have against the Company, except
as specifically provided otherwise in this Release.
(b) 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 Section 2 that such Party may have and not now know or suspect to exist in
his 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 his favor at the time of executing the release, which if known by
him must have materially affected his settlement with the party being released.
(c) Executive acknowledges that he consulted with an attorney of his choosing before signing this the Employment
Agreement and this Release, and that the Company provided him 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 Section 2(a) above, although
Executive may sign and return the Release sooner if he so chooses. Executive further acknowledges that he 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 he wishes to revoke this Release, he must do so in writing, and that such
revocation must be signed by Executive and received by the Company in care of the Chief Executive Officer 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 he revokes this Release, he shall have no right to receive the Severance Payments. Executive represents that he has read this
Release, including the release set forth in Section 2(a), above, affirms that this Release and the Employment Agreement provide him
with benefits to which he would not otherwise be entitled, and understands its terms and that he enters into this Release freely,
voluntarily, and without coercion.
3. Executive acknowledges that he has received all compensation to which he is entitled for his work up to his last day of
employment with the Company, and that he is not entitled to any further pay or benefit of any kind, for services rendered or any other
reason, other than the Severance Payments.
4. Executive agrees that the only thing of value that he will receive by signing this Release is the Severance Payments.
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 Release shall not be construed as an admission of liability on the part of any
person or entity, liability being expressly denied.