Amgen 2013 Annual Report Download - page 191

3.1.3 Employee represents and warrants that, under the Family and Medical Leave Act of 1993, as amended, and/or
any state or local counterpart (collectively, “FMLA”), Employee (a) has received all leave required and
currently does not, and in the past did not, have any claim for denial of any such leave, and (b) does not claim
that the Company violated or denied Employee rights under the FMLA or retaliated against Employee in any
way for exercising rights under the FMLA.
3.1.4 Employee represents and warrants that, except as set forth in this Agreement, Employee has received all
benefits and other payments from the Company to which Employee is or would be entitled and that the
Company has no additional outstanding obligations to Employee other than those expressly set forth in this
Agreement.
3.1.5 Employee represents and warrants that Employee is not aware of any facts that would establish, tend to
establish or in any way support an allegation that any Releasee has engaged in conduct that Employee believes
could violate: (1) any provision of federal law relating to fraud (including but not limited to the Sarbanes-Oxley
Act, the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”) and/or any state or
local counterpart); (2) the Securities Exchange Act of 1934 or any rule or regulation of the Securities and
Exchange Commission; (3) the federal False Claims Act and/or any state or local or municipal qui tam
counterpart (which prohibit the presentation by the Company or any affiliate of false claims and statements or
the creation of false records or statements in order to obtain payment of federal, state, county or municipal
funds, or to avoid refunds of such government funds); and (4) any other federal, state or local law.
3.1.6 Employee represents that Employee will return to the Company on or before the Termination Date all
Company property (physical or electronic) in reasonable condition, including but not limited to all files,
memoranda, documents, records, copies of the foregoing, automobiles, credit cards, keys, badges, business
cards, library books, key fobs, computers, laptops, removable media or other portable storage devices (e.g.,
USB drives), cell phones, telephones, pagers and personal digital assistants (PDAs) in Employee’s custody or
control; and that Employee has not compromised, corrupted, misappropriated, damaged or
inappropriately shared, uploaded or downloaded data belonging or relating to the Company’s computer systems
or its business. Employee further represents that (a) Employee will pay any outstanding balance on Employee’s
Company-provided credit or debit card prior to the Termination Date and, if such balance is not paid by the
Termination Date, the Company may deduct any monies owed from the Cash Severance Payment set forth in
Subparagraph 1.3.1; and (b) all requests for reimbursement of business expenses covered by California Labor
Code § 2802 will be submitted in accordance with Company policy prior to the Termination Date.
3.2 No Pursuit of Released Claims: Employee promises never to file, prosecute, or join a lawsuit or other complaint or
charge asserting claims that are released by this Agreement, including claims brought on behalf of Employee in a class,
collective or representative action. If Employee has filed, submitted or caused to be filed or submitted any such charge,
claim or complaint, Employee has, on or before the date when Employee signs this Agreement, submitted a written
request to the court or agency requesting the dismissal or withdrawal of
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