Netgear 2004 Annual Report Download - page 102

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(a)he should consult with an attorney
prior
to executing this Agreement;
(b)he has up to twenty-one (21)days within which to consider this Agreement;
(c)he has seven (7)days following his execution of this Agreement to revoke this Agreement;
(d)this ADEA waiver shall not be effective until the revocation period has expired; and,
(e)nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity
of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically
authorized by federal law.
6.
Civil Code Section1542
. Executive represents that he is not aware of any claims against any of the Releasees. Executive
acknowledges that he has been advised to consult with legal counsel and is familiar with the provisions of California Civil Code
Section1542, which provide as follows:
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, being aware of this code section, agrees to expressly waive any rights he may have thereunder, as well as under any other
statute or common law principles of similar effect.
7.
No Pending or Future Lawsuits
. Executive represents that he has no lawsuits, claims, or actions pending in his name, or on behalf of
any other person or entity, against the Company or any other person or entity referred to herein. Executive also represents that he
does not intend to bring any claims on his own behalf or on behalf of any other person or entity against the Company or any other
person or entity referred to herein.
8.
Application for Employment
. Executive understands and agrees that, as a condition of this Agreement, he shall not be entitled to
any employment with the Company, its subsidiaries, or any successor, and he hereby waives any alleged right of employment or
re-employment with the Company, its subsidiaries or related companies, or any successor.
9.
Confidentiality
. Executive agrees to maintain in complete confidence the existence of this Agreement, the contents and terms of this
Agreement and the consideration for this Agreement (hereinafter collectively referred to as “Separation Information”). Except as
required by law, Executive may disclose Separation Information only to his immediate family members, the Court in any proceedings to
enforce the terms of this Agreement, Executive’s counsel, his accountant and any professional tax advisor to the extent that they need
to know the Separation Information in order to provide advice on tax treatment or to prepare tax returns, and must prevent disclosure of
any Separation Information to all other third parties. Executive agrees that he will not publicize, directly or indirectly, any Separation
Information.
-4-
2005. EDGAR Online, Inc.