No provision of this release prohibits you from reporting or disclosing any actual, possible or potential violation of any federal, state or local law or regulation to any governmental agency or entity, or making other reports or disclosures that are protected under the whistleblower provisions of any federal, state or local law or regulation, in each such case without any prior authorization of, or prior, contemporaneous or subsequent notice to, the Company.
6. No Proceedings; Compliance with Subpoena. Except as permitted in Section 2, you will not instigate, cause, advise, or encourage any other person or entity to file a lawsuit in any court or to initiate an arbitration proceeding against any of the Released Parties. Nothing in this Section prevents you from consulting with your own attorney about any matter or from complying with a subpoena. Before complying with any subpoena related to the Released Parties, however, you agree, to the fullest extent permitted by law, to provide a copy of the subpoena within three (3) business days to , by e-mail () or fax ().
7. Non-Admissions. This release is not, will not be construed as, and will not be admissible in any proceeding as evidence of an admission by any of the Released Parties of any violation of law or wrongdoing of any kind. The Released Parties expressly deny any such liability or wrongdoing.
8. Miscellaneous. You also agree and acknowledge that:
a. You have read and understand this release;
b. You have been advised and had adequate time to seek representation by an attorney of your choice in connection with the negotiation of this release;
c. You have adequate time to review and consider this release before signing it;
d. [You have been advised that you have the right to revoke this release by providing written notice within the seven (7) day period following the date on which you sign this release;]7
e. You are entering into this release knowingly and voluntarily;
f. You have not suffered any on-the-job injury for which you have not already filed a claim;
g. You have not relied on any representation or statement not set forth in this release in deciding to sign it;
h. The consideration provided to you in exchange for this release is in addition to anything of value that you would otherwise be entitled to receive from the Company; and
i. This release cannot be amended or modified except by a writing signed by you and the Company.
9. Arbitration. Except for an action for injunctive relief to enforce the terms of this release, any disputes arising out of this release or the matters released by its terms, including questions as to arbitrability, will be heard in San Francisco, before a single neutral arbitrator selected from a list provided by and in accordance with JAMS rules, or as the parties may otherwise agree. The arbitrators decision and/or award will be final and binding, and a party may request a court to enter judgment on any award. Unless otherwise provided by law, the arbitrators fees and expenses shall be borne equally by the parties, and all other fees and expenses relating to arbitration shall be borne by the party incurring them.
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Note to Draft: To be included if signer is age 40 or over at the time this release is signed.