Saks Fifth Avenue 2008 Annual Report Download - page 272

for this Release and such portion of such consideration is accepted by the Executive as being in full accord, satisfaction, compromise
and settlement of any and all claims or potential claims, and the Executive expressly agrees that the Executive is not entitled to, and
will not receive, any further recovery of any kind from the Company or any of the other Released Parties, and that in the event of any
further proceedings whatsoever based upon any matter released herein, neither the Company nor any of the other Released Parties
will have any further monetary or other obligation of any kind to the Executive, including any obligation for any costs, expenses or
attorneys’ fees incurred by or on behalf of the Executive, except as provided in the Agreement.
2. The Executive expressly represents and warrants that the Executive is the sole owner of the actual and alleged claims,
demands, rights, causes of action and other matters that are released herein, that the same have not been transferred or assigned or
caused to be transferred or assigned to any other person, firm, corporation or other legal entity, and that the Executive has the full
right and power to grant, execute and deliver the general release, undertakings and agreements contained herein.
3. THE EXECUTIVE SPECIFICALLY WAIVES AND RELEASES THE RELEASED PARTIES FROM ALL CLAIMS THE
EXECUTIVE MAY HAVE AS OF THE DATE THE EXECUTIVE SIGNS THIS RELEASE REGARDING CLAIMS OR RIGHTS
ARISING UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967, AS AMENDED, 29 U.S.C. § 621
(“ADEA”). THE EXECUTIVE FURTHER AGREES: (A) THAT THE EXECUTIVE’S WAIVER OF RIGHTS UNDER THIS
RELEASE IS KNOWING AND VOLUNTARY AND IN COMPLIANCE WITH THE OLDER WORKER’S BENEFIT
PROTECTION ACT OF 1990; (B) THAT THE EXECUTIVE UNDERSTANDS THE TERMS OF THIS RELEASE; (C) THAT
CERTAIN BENEFITS CALLED FOR IN THE AGREEMENT TO BE PAID FOLLOWING THE DATE OF THIS RELEASE
WOULD NOT BE PROVIDED TO ANY EXECUTIVE TERMINATING HIS OR HER EMPLOYMENT WITH THE COMPANY
WHO DID NOT SIGN A RELEASE SIMILAR TO THIS RELEASE, THAT SUCH BENEFITS WOULD NOT HAVE BEEN
PROVIDED IN THEIR ENTIRETY HAD THE EXECUTIVE NOT SIGNED THIS RELEASE, AND THAT SUCH BENEFITS
ARE IN EXCHANGE IN PART FOR THE SIGNING OF THIS RELEASE; (D) THAT THE EXECUTIVE HAS BEEN ADVISED
IN WRITING BY THE COMPANY TO CONSULT WITH AN ATTORNEY PRIOR TO EXECUTING THIS RELEASE;
(E) THAT THE COMPANY HAS GIVEN THE EXECUTIVE A PERIOD OF AT LEAST TWENTY-ONE (21) DAYS WITHIN
WHICH TO CONSIDER THIS RELEASE; (F) THAT THE EXECUTIVE REALIZES THAT FOLLOWING THE EXECUTIVE’S
EXECUTION OF THIS RELEASE, THE EXECUTIVE HAS SEVEN (7) DAYS IN WHICH TO REVOKE THIS RELEASE BY
WRITTEN NOTICE TO THE UNDERSIGNED, AND (G) THAT THIS RELEASE WILL BE VOID AND OF NO FORCE AND
EFFECT IF THE EXECUTIVE CHOOSES TO SO REVOKE, AND IF THE EXECUTIVE CHOOSES NOT TO SO REVOKE,
THAT THIS RELEASE THEN BECOMES EFFECTIVE AND ENFORCEABLE.
4. The Agreement and this Release constitute the entire agreement and understanding between the parties. The Executive has not
relied on any oral statements that are not expressly stated in the Agreement or this Release.
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