TiVo 2012 Annual Report Download - page 109

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California Occupational Safety and Health Act; Section 17200 of the California Business and Professions Code;
Claims any other local, state or federal law governing employment; Claims for breach of contract; Claims arising
in tort, including, without limitation, Claims of wrongful dismissal or discharge, discrimination, harassment,
retaliation, fraud, misrepresentation, defamation, libel, infliction of emotional distress, violation of public policy,
and/or breach of the implied covenant of good faith and fair dealing; and Claims for damages or other remedies
of any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief and
attorney’s fees. Notwithstanding the generality of the foregoing, you do not release any claims that cannot be
released as a matter of law, including, without limitation, claims for indemnity under California Labor Code
Section 2802 and any policy of insurance carried by the Company.
b) YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED OF AND ARE FAMILIAR WITH THE
PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR."
BEING AWARE OF SAID CODE SECTION, YOU HEREBY EXPRESSLY WAIVE ANY RIGHTS YOU MAY
HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF
SIMILAR EFFECT.
4. Employee’s Representations. You represent and warrant that:
a) You have returned to the Company all Company property in your possession;
b) You are not owed wages, commissions, bonuses or other compensation, other than as set forth in this
Agreement;
c) During the course of your employment you did not sustain any injuries for which you might be entitled to
compensation pursuant to worker’s compensation law;
d) You have not made any disparaging comments about the Company, nor will you do so in the future; and
e) You have not initiated any adversarial proceedings of any kind against the Company or against any other
person or entity released herein, nor will you do so in the future, except as specifically allowed by this
Agreement.
4