Rosetta Stone 2014 Annual Report Download - page 196

1. Confirmation of Severance Benefit Obligation. The Company shall pay or provide to Executive the entire Severance
Payments, 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 Executive 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 of 1973, the Equal Pay Act, the Americans with
Disabilities Act, the Family and Medical Leave Act, and any civil rights law of any state or other governmental body; PROVIDED,
HOWEVER, that notwithstanding the foregoing or anything else contained in this Release, the release set forth in this Section shall not
extend to: (i) any rights arising under this Release; (ii) any vested rights under any pension, retirement, profit sharing or similar plan;
(iii) any rights Executive has under any grants of stock options, restricted stock, or other forms of equity that may have been provided
to Executive during Executive’s employment (such grants to be governed by the applicable equity plan and grant agreement); (iv) any
rights Executive has under applicable workers compensation laws; (v) Executive’s rights, if any, to indemnification, and/or defense
under any Company certificate of incorporation, bylaw and/or policy or procedure, or under any insurance contract or any
indemnification agreement with the Company, in connection with Executive’s acts and omissions within the course and scope of
Executive’s employment with the Company; (vi) Executive’s ability to communicate with the Equal Employment Opportunity
Commission (EEOC) or any other governmental agency, provided Executive does not seek any personal relief for any claims released
herein; (vii) any claims arising after the date of Executive’s execution of this Release; (viii) any obligations of the Company under the
Employment Agreement which survive Executive’s 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