General Release And Waiver (Page 4 of 7) in pdf

Claims not Waived: Employee does not waive:

(a) any cause of action or claims that arise out of Employee’s employment with Employer,

that have been asserted in writing and filed with the appropriate agency or court prior to

the date on which this VSP was announced,

(b) any rights or claims that “may arise” (as that term is defined under the Older Workers

Benefit Protection Act) after the date this Agreement is executed,

under the Employer’s standard retirement program,

(d) any claims under applicable state workers’ compensation laws,

(e) any claims for occupational injuries or illnesses, including but not limited to claims arising

under the Energy Employees Occupational Illness Compensation Program Act,

(f) any other rights or claims Employer may not, by law, ask Employee to waive, including,

but not limited to, the right to seek judicial determination of the validity of this

Agreement under the Older Workers Benefit Protection Act, or

(g) the right to file a charge with, cooperate or participate in an investigation or proceeding

conducted by the Equal Employment Opportunity Commission (EEOC) or any other

federal, state or local regulatory or law enforcement agency charged with investigation of

employment discrimination claims. If Employee or anyone on Employee’s behalf seeks

any payment in connection with a claim released by this Agreement, Employee agrees

that this Agreement precludes such payment.

Continued Applicability of Employment Agreement: The Employee agrees to continue to

abide by all obligations and restrictions pertaining to:

(a) The use and protection of intellectual property as set out in the employment agreement

signed by the Employee at the beginning of his or her employment at the [Insert Site or

Contractor] or in any other agreements, obligations, confidentiality provisions or policies

pertaining to intellectual property, and/or

(b) non-disclosure of classified information as set out in any agreement between Employer

and Employee or in any other obligations, non-disclosure provisions or policies, or as

otherwise mandated by applicable United States laws and/or DOE/NNSA regulations and

policies.

Consideration: In exchange for Employee’s voluntary separation and execution of this

Agreement, Employer will give Employee consideration outlined in the description included

with the Agreement. Employee agrees that the VSP separation pay is more than what the

Employee is entitled to under the terms of Employer’s existing compensation and benefit

General Release And Waiver Page 4