Netgear 2004 Annual Report Download - page 101

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(a)any and all claims relating to or arising from Executive’s employment with the Company, or the termination of that employment;
(b)any and all claims relating to, or arising from, Executive’s right to purchase, or actual purchase of, shares of Company stock,
including, but not limited to, 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;
(c)any and all claims under the law of any jurisdiction, including, but not limited to, 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 or intentional infliction
of emotional distress; negligent or intentional misrepresentation; negligent or 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;
(d)any and all claims for violation of any federal, state or municipal statute, including, but not limited to, Title VII of the Civil Rights Act
of 1964, the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990,
the Fair Labor Standards Act, the Employee Retirement Income Security Act of 1974, The Worker Adjustment and Retraining
Notification Act, Older Workers Benefit Protection Act; the California Fair Employment and Housing Act, and the California Labor
Code;
(e)any and all claims for violation of the federal, or any state, constitution;
(f)any and all claims arising out of any other laws and regulations relating to employment or employment discrimination;
(g)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 this Agreement; and
(h)any and all claims for attorney fees and costs.
The Company and Executive agree that the release set forth in this section shall be and remain in effect in all respects as a complete
general release as to the matters released. This release does not extend to any obligations incurred under this Agreement.
5.
Acknowledgement of Waiver of Claims Under ADEA
. Executive acknowledges that he is waiving and releasing any rights he may
have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary.
Executive and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA
after the Effective Date of this Agreement. Executive acknowledges that the consideration given for this waiver and release Agreement
is in addition to anything of value to which Executive was already entitled. Executive further acknowledges that he has been advised
by this writing that:
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2005. EDGAR Online, Inc.