Jamba Juice 2013 Annual Report Download - page 103

2. Release of Claims.
A. In addition and consistent with Paragraph 8 of the Separation Agreement, Executive agrees that the Severance already received pursuant to
the Separation Agreement and the Consideration pursuant to Paragraph 1 above represent settlement in full of all outstanding obligations owed to Executive by
Company. THIS IS A GENERAL RELEASE OF ALL CLAIMS . As consideration for the Severance, Consideration and other benefits being provided to
Executive, Executive, on his own behalf, and on behalf of his respective heirs, family members, executors, administrators, attorneys, representatives, and
assigns, hereby fully and forever releases Company and its legal representatives, officers, directors, fiduciaries, employees, investors, shareholders, insurers,
agents, administrators, affiliates, divisions, subsidiaries, predecessor and successor corporations, and assigns, both in their individual and corporate
capacities (collectively, the "Releasees"), of and from any and all claims and causes of action, demands, duties, obligations, agreements, promises, liabilities,
damages, costs, and/or fees, whether known or unknown, suspected or unsuspected, arising out of or relating to Executive's employment, including the
termination of his employment, including without limitation: (i) any and all claims relating to or arising from Executive's employment relationship with
Company and the termination of that relationship; (ii) any and all claims relating to, or arising from, Executive's right to purchase, or actual purchase of,
shares of stock of Company, including, without limitation, any claims for fraud; misrepresentation; breach of fiduciary duty; breach of duty under
applicable state corporate law; and securities fraud under any state or federal law; (iii) any and all claims under the law of any jurisdiction including without
limitation wrongful discharge of employment; constructive discharge from employment; termination in violation of public policy; discrimination; breach of
contract, both express and implied; breach of a covenant of good faith and fair dealing, both express and implied; promissory estoppel; negligent and
intentional infliction of emotional distress; negligent and intentional misrepresentation; negligent and intentional interference with contract or prospective
economic advantage; unfair business practices; defamation; libel; slander; negligence; personal injury; assault; battery; invasion of privacy; false
imprisonment; and conversion; (iv) any and all claims for violation of any federal, state or municipal statute, including without limitation all employment
laws, including without limitation the California Fair Employment and Housing Act; the California Unruh Act; the Age Discrimination in Employment Act,
as amended; Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1866; the Civil Rights Act of 1871; the Fair Labor Standards Act;
the Americans with Disabilities Act; the Older Workers' Benefits Protection Act; the Family Medical Leave Act; the Equal Pay Act; the Employee Retirement
Income Security Act of 1974; the National Labor Relations Act; the California Constitution; the California Labor Code; the California Business &
Professions Code; the California Government Code; the California Civil Code; and all other laws against discrimination or applicable to employment that may
be the subject of a release under applicable law; (v) any and all claims for violation of the federal, or any state, constitution; (vi) any and all claims arising out
of any other laws and regulations relating to employment or employment discrimination; (vii) any and all claims arising out of any personnel policies,
contracts of employment, any other contracts, severance pay agreements, and covenants of good faith and fair dealing; (viii) any claim for any loss, cost,
damage, or expense arising out of any dispute over the non-withholding or other tax treatment of any of the proceeds received by Executive as a result of the
Separation Agreement and this Supplement; (ix) any claim or damage arising out of Executive's employment with or separation from Company under any
common law theory or any federal, state, or local statute or ordinance not specifically referred to above; (x) any and all claims for unpaid or withheld wages,
severance, benefits, bonuses, commissions, and other compensation of any kind that Executive may have against the Releasees; and (xi) any and all claims
for attorneys' fees and costs.
B. Executive specifically agrees that the Separation Agreement and this Supplement includes without limitation any and all claims that were
raised, or that reasonably could have been raised, under the applicable Wage Order, Labor Code sections 201, 202, 203, 212, 226, 226.3, 226.7, 510, 512,
515, 558, 1194, and 1198, as well as claims under the Business & Professions Code sections 17200, et seq. and Labor Code sections 2698, et seq. based
on alleged violations of Labor Code provisions. Executive further covenants that he will not seek to initiate any proceedings seeking penalties under Labor
Code sections 2699, et seq. based upon the Labor Code provisions specified above.