United Airlines 2009 Annual Report Download - page 153

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Paul R. Lovejoy
• violated the Released Parties’ personnel policies, handbooks, any covenant of good faith and fair dealing, or any contract of employment between
you and any of the Released Parties; or
• violated public policy or common law, including claims for: personal injury, invasion of privacy, retaliatory discharge, negligent hiring, retention or
supervision, defamation, intentional or negligent infliction of emotional distress and/or mental anguish, intentional interference with contract,
negligence, detrimental reliance, loss of consortium to you or any member of your family, and/or promissory estoppel; or
• are in any way obligated for any reason to pay your damages, expenses, litigation costs (including attorneys’ fees), bonuses, commissions, disability
benefits, compensatory damages, punitive damages, and/or interest.
For the purpose of giving a full and complete release, you understand and agree that this Agreement includes all claims that you may now have but do not
know or suspect to exist in your favor against the Released Parties, and that this Agreement extinguishes those claims.
3. Protected Rights. You are not prohibited from making or asserting (a) any claim or right under state workers’ compensation or unemployment laws, or
(b) any claim or right which by law cannot be waived, including your rights to file a charge with an administrative agency or to participate in an agency
investigation, including but not limited to the right to file a charge or participate in an investigation or proceeding conducted by the Equal Employment
Opportunity Commission (“EEOC”). You waive, however, the right to recover money if any federal, state or local government agency, including but not limited
to the EEOC, pursues a claim on your behalf or on behalf of a class to which you may belong that arises out of or relates to your employment or separation from
employment.
4. Covenant Not to Sue. You affirm that you have not filed, have not caused to be filed, and are not presently party to, any lawsuit or arbitration against
any Released Party in any forum. You agree not to sue any of the Released Parties or become a party to a lawsuit on the basis of any claims of any type to date
that arise out of any aspect of your employment or separation from employment. You understand that this is an affirmative promise by you not to sue any of the
Released Parties, which is in addition to your general release of claims in Section 2 above. If you breach this Agreement by suing any of the Released Parties in
violation of this Covenant Not to Sue, you understand that (i) the Released Parties will be entitled to apply for and receive an injunction to restrain any violation
of this Section, and (ii) you will be required to pay the Released Parties’ legal costs and expenses, including reasonable attorney fees, associated with defending
against the lawsuit and enforcing the terms of this Agreement.
5. Acknowledgments. You affirm that you have fully reviewed the terms of this Agreement, affirm that you understand its terms, and state that you are
entering into this Agreement knowingly, voluntarily, and in full settlement of all claims which existed in the past or which currently exist, that arise out of your
employment with the Company or your separation from employment. You acknowledge that you have been specifically advised to consult with an attorney, if
you wish, before you sign below.
2