eTrade 2003 Annual Report Download - page 134

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(i) any and all claims which Cotsakos has or may have against E*TRADE relating in any way to his employment with
E*TRADE, or to the terms and conditions or circumstances of his employment with E*TRADE, or to his compensation
from or equity interests in E*TRADE;
(ii) any and all claims which Cotsakos has or may have against E*TRADE relating in any way to his termination from
employment with E*TRADE, including any and all claims to additional payments under the Separation Agreement; and
Notwithstanding the foregoing, Cotsakos does not release claims with respect to benefits to which he is entitled under the Separation
Agreement, other than claims to receive the payments described in Section 2(b) thereof, which he does explicitly release, discharge and waive
pursuant to Section 4(a)(ii) above.
(iii) any and all claims which Cotsakos has or may have against E*TRADE relating in any way to the May 2002 Waiver,
including specifically any claim for payment of, or vesting in, any benefit or equity grant waived, or any claim that the
compensation and benefits waived, or the value thereof, should be applied to reimburse E*TRADE for payments made
to charitable organizations or applied to charitable contribution commitments made or caused to be made by Cotsakos
on behalf of E*TRADE.
(b) Cotsakos acknowledges that this Release shall extend to unknown as well as known claims, and hereby waives the application of any
provision of law, including without limitation, Cal. Civ. Code Section 1542 (West 1982 and 2000 Supp.), that purports to limit the scope of a
general release. Section 1542 of the California Civil Code provides:
“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.”
Initial Here
(c) Cotsakos further acknowledges that he is represented by counsel in connection with this Settlement Agreement, that he has in fact
consulted with counsel concerning this Settlement Agreement, and that after such consultations he fully understands the terms of this
Settlement Agreement and executes it freely and voluntarily, intending fully to be bound hereby.
(d) Cotsakos further acknowledges that the release provided for in this Section 4 is in exchange for the additional consideration provided
for in this Settlement Agreement, to which consideration he was not heretofore entitled.
5. Release by E*TRADE : E*TRADE agrees to and does fully and completely release, discharge and waive any and all claims,
complaints, causes of action or demands of whatever kind, whether known or unknown, which E*TRADE has or may have against Cotsakos,
his dependents, successors, assigns, heirs, executors and administrators by reason of any event,
4