eTrade 2009 Annual Report Download - page 237
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2. All Claims Waived: Executive understands that he is releasing claims that he may not know about. That is Executive’s
knowing and voluntary intent even though he recognizes that someday he may regret having signed the Transition Agreement and this
Release. Nevertheless, by signing the Transition Agreement and this Release, Executive agrees that he is assuming that risk, and he
agrees that the Transition Agreement and this Release shall remain effective in all respects in any such case. Executive expressly
waives all rights he may have under any law that is intended to protect him from waiving unknown claims.
3. Older Workers Benefit Protection Act: In accordance with the Older Workers Benefit Protection Act, Executive understands
and acknowledges that he has been advised to consult an attorney before accepting the Transition Agreement and signing this
Release. Executive further understands and acknowledges that he has at least 21 days to sign this Release by dating and signing a
copy of this Release and returning it to the Company, although it may be accepted at any time within such period. Executive further
understands that, once having signed this Release, Executive will have an additional 7 days within which to revoke the release of
claims solely under the Age Discrimination in Employment Act (the “ADEA Release”), by delivering written notice of revocation of
the ADEA Release to the Company’s General Counsel. If Executive revokes such ADEA Release during such seven-day period,
Executive will not be eligible for the payments and benefits under Section 2(b) of the Transition Agreement.
EXECUTIVE UNDERSTANDS THAT HE IS ENTITLED TO CONSULT WITH, AND HAS CONSULTED WITH, AN
ATTORNEY PRIOR TO SIGNING THIS RELEASE AND THAT HE IS GIVING UP ANY LEGAL CLAIMS HE HAS AGAINST
THE PARTIES RELEASED ABOVE BY SIGNING THIS RELEASE. EXECUTIVE IS SIGNING THIS AGREEMENT
KNOWINGLY, WILLINGLY AND VOLUNTARILY IN EXCHANGE FOR THE BENEFITS DESCRIBED IN THE
TRANSITION AGREEMENT.
A-2
Date: December 18, 2009
/
s/ Donald H. Layton
Donald H. Layton