Shutterfly 2007 Annual Report Download - page 100

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liabilities, obligations, demands, actions and causes of action, whether now known or unknown, that Employee now has, or at any other time
had, or shall or may have against those Released Parties based upon or arising out of any matter, cause, fact, thing, act or omission whatsoever
occurring or existing at any time up to and including the Termination Date.
This release includes specifically but not exclusively and without limiting the generality of the foregoing, any claims of breach of contract,
wrongful termination, retaliation, fraud, defamation, infliction of emotional distress or national origin, race, age, sex, sexual orientation,
disability or other discrimination or harassment under the Civil Rights Act of 1964, the Age Discrimination In Employment Act of 1967, as
amended, the Older Workers Benefit Protection Act, the Americans with Disabilities Act, the Fair Employment and Housing Act or any other
applicable law. However, this Release is not intended to bar any claims that, by statute, may not be waived, such as claims for workers’
compensation benefits, unemployment insurance benefits, and any challenges to the validity of Employee’s release of claims under the Age
Discrimination in Employment Act of 1967, as amended, as set forth in this Agreement.
Employee acknowledges that she has read section 1542 of the Civil Code of the State of California, which states in full:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW
OR SUSPECT TO EXIST IN her FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH
IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED her SETTLEMENT WITH THE
DEBTOR.
Notwithstanding Section 1542, Employee agrees that this Agreement shall act as a release of all past and future claims that may arise from or
related to her employment or termination from employment with the Company, whether such claims are currently known or unknown, foreseen
or unforeseen, contingent or absolute. Employee intentionally and specifically waives any rights she may have under the provisions of
Section 1542, as well as under any other statutes or common law principles of similar effect, and assumes full responsibility for any injuries,
damages, losses or liabilities that she may hereafter incur with respect to such claims.
As additional consideration for the compensation and benefits described in this Agreement, Employee agrees that she will affirm and extend
this Release of Claims for the Transition Period by re-signing this Agreement in the space at the end of the Agreement on or shortly before the
Termination Date.
4. No Assignment or Transfer . Employee represents and warrants that there has been no assignment or other transfer of any interest in any
claim that she may have against the Company and agrees to indemnify and hold the Company harmless from any liabilities, claims, demands,
damages, costs, expenses and attorneys’ fees incurred by the Company as a result of any assertion of assignment or transfer.
5. Review / Rescind Period .
(a) This Agreement shall not become effective or enforceable until the eighth day after Employee signs this Agreement. In other words,
Employee may revoke Employee’s
2