Health Net 2007 Annual Report Download - page 178

“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of
executing the release, which if known by him must have materially affected his settlement with the debtor.”
Executive understands and acknowledges the significance and consequence of this Separation Agreement and Release and of
such specific waiver of Section 1542, and expressly agrees that this Agreement shall be given full force and effect according to
each and all of its express terms and provisions, including those relating to unknown and unsuspected claims, demands,
obligations and causes of action herein above specified.
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5. In partial consideration of the Company providing Executive the payments and benefits set forth above and as a condition to
receive such payments and benefits, which Executive acknowledges he is not otherwise entitled to receive, Executive freely and
voluntarily enters into this Separation Agreement and Release and, by signing this Separation Agreement and Release,
Executive, on his own behalf and on behalf of his heirs, beneficiaries, successors, representatives, trustees, administrators and
assigns, hereby waives and releases the Company, and each of its past, present and future officers, directors, shareholders,
employees, consultants, accountants, attorneys, agents, managers, insurers, sureties, parent and sister corporations, divisions,
subsidiary corporations and entities, partners, joint venturers, affiliates, beneficiaries, successors, representatives and assigns,
from any and all claims, demands, damages, debts, liabilities, controversies, obligations, actions or causes of action of any
nature whatsoever, whether based on tort, statute, contract, indemnity, rescission or any other theory of recovery, including but
not limited to claims arising under federal, state or local laws prohibiting discrimination in employment, including Title VII of
the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1870, as amended, claims of disability discrimination under
the Americans with Disabilities Act, the Age Discrimination in Employment Act, as amended (“ADEA”), the Worker
Adjustment and Retraining Notification Act (“WARN”), or claims growing out of any legal restrictions on the Company’s right
to terminate its employees and whether for compensatory, punitive, equitable or other relief, whether known, unknown,
suspected or unsuspected, against the Company, including without limitation claims which may have arisen or may in the future
arise in connection with any event which occurred on or before the date of Executive’s execution of this Separation Agreement
and Release. The provisions in this paragraph do not extend to any rights Executive may have to enforce the terms of this
Agreement and are not intended to prohibit Executive from filing a claim for unemployment insurance.
6. Executive expressly waives any right or claim of right to assert hereafter that any claim, demand, obligation and/or cause of
action has, through ignorance, oversight or error, been omitted from the terms of this Separation Agreement and Release.
Executive makes this waiver with full knowledge of his rights and with specific intent to release both his known and unknown
claims, and therefore specifically waives the provisions of Section 1542 of the Civil Code of California or other similar
provisions of any other applicable law, which reads as follows:
7. Executive shall not initiate or cause to be initiated against the Company any compliance review, suit, action, investigation or
proceeding of any kind, or voluntarily participate in same, individually or as a representative, witness or member of a class,
under contract,