4. General Release
(a) In consideration for the undertakings of the Company set forth herein, and intending to be legally bound, Employee does hereby RELEASE, REMISE, AND FOREVER DISCHARGE the Company and its past, present and future affiliates, parent and subsidiary companies, and their respective past and present shareholders, officers, directors, attorneys, employees, agents and representatives, and all of their respective successors and assigns (hereinafter referred to collectively as RELEASEES), jointly and severally, of and from any and all claims, causes of action, demands, rights, obligations, suits, liabilities, damages, costs, attorneys fees, expenses, debts, dues, compensation and agreements, of any type or kind, whether in law or in equity (collectively Claims), which Employee ever had, now has, or hereafter may have, or which Employees heirs, executors or administrators hereafter may have, by reason of any matter, cause, or thing whatsoever from the beginning of time until the execution date of this Agreement, and particularly, but without limitation of the foregoing general terms, any Claims concerning or relating in any way to Employees employment relationship with the Company, the termination of Employees employment relationship with the Company, or Employees wages, pay, salary, vacation, overtime, bonuses and/or commissions including, but not limited to, any Claims which have been asserted, could have been asserted, or could be asserted now or in the future against the RELEASEES arising under any federal, state or other governmental statute, regulation or ordinance, including without limitation, the following statutes and laws, all as amended through the date of execution of this Agreement: the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., (the ADEA), Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., (Title VII), the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (the ADA), the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq., (ERISA), the Family and Medical Leave Act, 29 U.S.C. § 2601 et seq. (the FMLA), the Pennsylvania Human Relations Act, 43 P.S. § 951 et seq., and any other law, local, state or federal, pertaining to employment or the relationship between employer and employee.
(b) Employee acknowledges, understands and agrees that as a result of the General Release in Paragraph 4(a), Employee is giving up all Claims that Employee may have had concerning Employees employment with the Company up to and including the date of this Agreement including all of the Claims which are released pursuant to Paragraph 4(a). Further, Employee acknowledges, understands and agrees that, to the maximum extent permitted by law, as a result of the General Release in Paragraph 4(a), Employee is giving up the right to any monetary damages or awards from the Company or other personal relief (including injunctive relief and reinstatement) with respect to any Claims which are released pursuant to Paragraph 4(a).
5. Exceptions to the General Release.
(a) The General Release in Paragraph 4(a), above, does not apply to: (i) any Claims for vested benefits under any Company retirement, 401(k), profit sharing or other deferred compensation plan; (ii) any Claims to require the Company to honor its commitments set forth in this Agreement or to interpret this Agreement; (iii) any Claims that arise after Employee has signed this Agreement; (iv) any rights Employee has to indemnification, including advancement of expenses, by the Company under the Companys Articles of Incorporation and By-laws, as amended; and (v) any Claims for unemployment compensation benefits, workers compensation benefits or any other Claims that cannot be waived by a general release, including, without limitation, the right to contact or file a charge with any federal, state or local government agency, including, but not limited to filing a discrimination or other charge with the Equal Employment Opportunity Commission (EEOC) or comparable state agency (provided, however, that Employee is giving up the right to any monetary damages or awards from the Company or other personal relief arising from such charges, as set forth in Paragraph 4(b), above to the maximum extent permitted by law).
(b) Nothing in this Agreement is intended to or shall be interpreted to restrict or otherwise interfere with Employees right to contact, cooperate with or provide information to any governmental agency, or restrict or interfere with Employees obligation to testify truthfully in any tribunal.