Health Net 2007 Annual Report Download - page 202

EXECUTIVE ACKNOWLEDGES BY SIGNING BELOW that (i) Executive has not relied upon any representations, written or
oral, not set forth in this Separation Agreement and Release; (ii) at the time Executive was given this Separation Agreement and
Release Executive was informed in writing by the Company that (a) Executive had at least 21 days in which to consider whether
Executive would sign the Separation Agreement and Release and (b) Executive should consult with an attorney before signing the
Separation Agreement and Release; and (iii) Executive had an opportunity to consult with an attorney and either had such
consultations or has freely decided to sign this Separation Agreement and Release without consulting an attorney.
Executive further acknowledges that he may revoke acceptance of this Separation Agreement and Release by delivering a letter
of revocation within seven (7) days after the later of the dates set forth below addressed to: Health Net, Inc., Organization
Effectiveness Department, 21650 Oxnard Street, Woodland Hills, California 91367, Attention: Karin Mayhew.
Finally, Executive acknowledges that he understands that this Separation Agreement and Release will not become effective until
the eighth (8th) day following his signing this Separation Agreement and Release and that if Executive does not revoke his acceptance
of the terms of this Separation Agreement and Release within the seven (7) day period following the date on which Executive signs
this Separation Agreement and Release as set forth above, this Separation Agreement and Release will be binding and enforceable.
[Signature Page Follows]
A - 5
16. This Separation Agreement and Release constitutes the full, complete and exclusive agreement between Executive and the
Company with respect to the subject matters herein and supersedes any prior agreements, representations or promises of any
kind, whether written, oral, express or implied, with respect to the subject matters herein. This Separation Agreement and
Release cannot be changed unless in writing, signed by Executive and an authorized officer of the Company.
17. If there is any dispute between the Company and Executive over the terms or obligations under this Separation Agreement and
Release, that dispute shall be resolved by binding arbitration before a single neutral arbitrator who shall be a retired judge. The
arbitration shall proceed in accordance with the then-current rules of the Commercial American Arbitration Association to the
extent not inconsistent with this Separation Agreement and Release. The judgment of the arbitrator shall be final, binding and
nonappealable, and may be entered in any state or federal court having jurisdiction thereafter. The arbitrator shall be bound to
apply and follow the applicable state or federal laws in reaching a decision in this matter. Any disagreement regarding whether a
dispute is required to be arbitrated pursuant to this Separation Agreement and Release shall be decided by the arbitrator. The
Federal Arbitration Act, 9 U.S.C. Sections 1-16, shall govern the interpretation and enforcement of this Section 17. The
prevailing party will be entitled to recover reasonable attorney’s fees and costs incurred in any action to enforce or defend this
Separation Agreement and Release.
18. This Separation Agreement and Release shall be construed and governed by the laws of the State of Delaware.